Harutyunyan

Harutyunyan v. Holder

Good Law
376 F. App'x 699
United States Court of Appeals for the Ninth CircuitApril 16, 2010No. 06-74594California323 words

Opinion

Lead Opinion

MEMORANDUM **

Anushavan Harutyunyan, a native and citizen of Russia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“U”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination based on both the omission from Harutyunyan’s detailed declaration and direct testimony of the mob attack and police beating he testified about on cross-examination, see id. at 962-63 , and the inconsistency between Ha-rutyunyan’s testimony and the medical document regarding the reasons for his hospitalization, see Goel v. Gonzales, 490 F.3d 735, 739 (9th Cir.2007) (inconsistencies between testimony and documentary evidence support an adverse credibility finding where inconsistencies go to the heart of the claim). Accordingly, in the absence of credible testimony, Harutyu-nyan’s asylum and withholding of removal claims fail. See…

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