Arzumanovna

Arzumanovna v. Holder

Good Law
357 F. App'x 917
United States Court of Appeals for the Ninth CircuitDecember 14, 2009No. 07-70522California394 words

Opinion

Lead Opinion

MEMORANDUM **

Tereza Arzumanovna, a native of Azerbaijan and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of re *918 moval, and relief under the Convention Against Torture (“CAT”), and finding that her asylum application was frivolous. We have jurisdiction under 8 U.S.C. § 1252 . We review adverse credibility findings for substantial evidence, Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004), and we require that a frivolousness finding be supported by a preponderance of the evidence, Ahir v. Mukasey, 527 F.3d 912, 918 (9th Cir.2008). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based upon Arzumanovna’s submission of a fraudulent membership card in the “Soldier’s Mother” organization, and her failure to provide a compelling explanation to counter evidence that the card was in fact fraudulent. See Desta, 365 F.3d at 745 ; cf. Yeimane-Berhe v. Ashcroft, 393 F.3d 907, 911-13 (9th Cir.2004) (adverse credibility finding not supported where a fraudulent document was obtained…

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