Smbatyan

MEMORANDUM **

Mihran Smbatyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C § 1252. We review adverse credibility determinations for substantial evidence, see Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and review claims of due process violations de novo, see Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). We deny the petition for review.

The agency based its adverse credibility determination, in part, on significant inconsistencies between Smbatyan’s testimony and his declaration regarding the only claimed incident of abuse at the hands of the Armenian police due to his sexual orientation. Because these inconsistencies go to the heart of his claim, substantial evidence supports the agency’s adverse credibility determination. See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004). In the absence of credible testimony, Smbatyan failed to demonstrate eligibility for asylum or withholding of…