Minasyan

Minasyan v. Gonzales

Good Law
233 F. App'x 749
United States Court of Appeals for the Ninth CircuitMay 30, 2007No. 05-71055California367 words

Opinion

Lead Opinion

MEMORANDUM **

Hovik Minasyan, a native and citizen of Armenia, petitions for review from the affirmance by the Board of Immigration Appeals (BIA) of the decision by an Immigration Judge (IJ) finding his testimony not credible, and denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 (a), and we deny the petition for review.

We review the BIA’s and IJ’s decisions for substantial evidence and will reverse only if a reasonable factfinder would be compelled to reach a contrary conclusion. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). Federal regulations in effect September 25, 2002, before Minasyan appealed to the BIA, limited the BIA to reviewing the IJ’s adverse credibility determination for clear error. See 8 C.F.R. § 1002 (1)(d)(3)(i).

There was substantial evidence to support the adverse credibility determination. As both the BIA and the IJ pointed out, Minasyan’s testimony was inconsistent regarding the date of his first arrest and why he was home at the time. Most importantly, however, at the hearing he did not mention his second arrest, beating and long…

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