Vardanyan

Vardanyan v. Gonzales

Good Law
183 F. App'x 678
United States Court of Appeals for the Ninth CircuitJune 8, 2006No. 04-72933California262 words

Opinion

Lead Opinion

MEMORANDUM ****

Rita Vardanyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA’s”) order affirming, without opinion, an immigration judge’s (“IJ’s”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). 1 We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

The IJ offered specific, cogent reasons for his adverse credibility determination, noting points on which Vardanyan’s testimony was internally inconsistent and inconsistent with her asylum application. *679 See Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003). Because the factual discrepancies went to the heart of her asylum claim, substantial evidence supports the denial of asylum. See id.

Because Vardanyan has failed to meet the statutory requirements for asylum, she has necessarily failed to satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). In addition, Vardanyan has failed to show that it is “more likely than not” that she will be tortured if she returns to Armenia, so that substantial evidence supports the denial of…

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