Svetlana Chernomorets v. Eric H. Holder Jr.

MEMORANDUM

Based on an adverse credibility finding, the Immigration Judge (“IJ”) denied Petitioners’ claims for asylum, withholding of removal, and Convention Against Torture protection. The Board of Immigration Appeals (“BIA”) upheld the IJ’s decision and dismissed Petitioners’ appeal. Petitioners, a mother and daughter, now petition for review from the BIA’s decision.

The evidence does not compel this Court to overturn the adverse credibility determination. See Almaghzar v. Gonzales, 457 F.3d 915, 920 (9th Cir.2006). That determination rested on a combination of several pieces of evidence the IJ and BIA were entitled to credit, including: (1) the mother’s failure to seek asylum during any of her three prior trips to the United States (which post-dated at least some of the alleged persecution); (2) Petitioners’ submission of birth documents that the Department of Homeland Security (“DHS”) determined to be fraudulent; and (3) a DHS report indicating that newly issued Russian birth records may not contain reliable information regarding ethnicity because individuals can and do have this information changed in order to pursue asylum. Yeimane-Berhe v. Ashcroft, 393 F.3d 907 (9th…