Karapetyan

MEMORANDUM **

Garik Varastad Karapetyan, a native of the former Soviet Union and citizen of Azerbaijan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying his 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 factual findings, Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir.2000), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s adverse credibility finding because the discrepancy between Karapetyan’s testimony and his declaration as to when and where he regained consciousness during the attack on his family involved the primary event upon which he predicated his claim for asylum. See Don v. Gonzales, 476 F.3d 738, 741-42 (9th Cir.2007). In the absence of credible testimony, Karape-tyan’s asylum and withholding of removal claims fail. See Fatah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Karapetyan’s CAT claim is based on the same testimony the IJ found to be not credible, and the…