Maryanyan

Maryanyan v. Holder

Good Law
347 F. App'x 306
United States Court of Appeals for the Ninth CircuitOctober 1, 2009No. 06-75254California297 words

Opinion

Lead Opinion

MEMORANDUM **

Mersen Georgievich Maryanyan, his wife, Marina Nikolayevna Maryanyan, and their children, natives of the former Soviet Union and citizens of Russia, petition for review of the Board of Immigration Appeals’ decision dismissing their appeal from an immigration judge’s order denying their 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 the agency’s adverse credibility determination. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir. 2002). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Maryanyan’s challenge to the BIA’s denial of the request for voluntary departure for the lead petitioner. See 8 U.S.C. § 1229c(f) (no court shall have jurisdiction over an appeal from the denial of voluntary departure). Accordingly, we dismiss the petition as to his voluntary departure claim.

Substantial evidence supports the agency’s adverse credibility determination based on the inconsistencies between Maryanyan’s testimony and his asylum application with respect to the 1995 and 1999 arrests. See Kohli v.…

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