Danielyan

Danielyan v. Holder

Good Law
339 F. App'x 840
United States Court of Appeals for the Ninth CircuitAugust 4, 2009No. 06-72220California448 words

Opinion

Lead Opinion

MEMORANDUM **

Armen Danielyan, a native and citizen of Armenia, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substan *842 tial evidence the agency’s credibility finding, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we review de novo due process claims, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny in part and dismiss in part the petition for review.

The agency identified specific and cogent reasons for finding Danielyan not credible, including his submission of a fraudulent declaration, the inconsistencies between his testimony and amended declaration, and his lack of proof of identity. See Chebchoub, 257 F.3d at 1044-45 ; see also Kaur v. Gonzales, 418 F.3d 1061, 1067 (9th Cir.2005) (finding the alien’s failure to correct her asylum application was an indication of dishonesty because she knew of the errors and chose to forego an opportunity to correct those errors). The agency properly…

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