Gukasyan

Gukasyan v. Holder

Good Law
336 F. App'x 685
United States Court of Appeals for the Ninth CircuitJune 25, 2009No. 04-72694California403 words

Opinion

Lead Opinion

MEMORANDUM **

Arthush Gukasyan, a native of Iran and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision finding that he knowingly participated in alien smuggling, in violation of 8 U.S.C. § 1182 (a)(6)(E)®, and denying his applications for asylum, withholding of removal and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Urzua Covarrubias v. Gonzales, 487 F.3d 742, 744 (9th Cir.2007) (inadmissibility); Nakamoto v. Ashcroft, 363 F.3d 874, 881-82 (9th Cir.2004) (asylum), and we deny in part and dismiss in part the petition for review.

*686 The IJ’s conclusion that Gukasyan’s testimony regarding his passengers’ attempt to enter the United States was not credible is supported by material discrepancies between his testimony and his passengers’ testimony and sworn statements regarding how Gukasyan met the passengers in Tijuana and whether he saw their fraudulent green cards. See Wang v. INS, 352 F.3d 1250, 1258-59 (9th Cir.2003) (concluding that inconsistencies and implausibilities in testimonial and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.