Kanjian

Kanjian v. Holder

Good Law
330 F. App'x 669
United States Court of Appeals for the Ninth CircuitMay 22, 2009No. 05-75346California368 words

Opinion

Lead Opinion

MEMORANDUM **

Seta Kanjian, a native and citizen of Georgia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We dismiss in part, grant in part, and deny in part the petition for review.

We lack jurisdiction to address Kanji-an’s contention that the IJ’s behavior led to translation problems because she failed to exhaust this claim before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

Substantial evidence does not support the IJ’s adverse credibility finding because Kanjian ■ testified consistently about the location of where she received medical treatment, and her testimony is not per se lacking in credibility simply because it included details that are not set forth in the asylum application. See Lopez-Reyes v. INS, 79 F.3d 908, 911 (9th Cir.1996).

In addition, substantial evidence does not support the IJ’s…

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