Davtyan

Davtyan v. Gonzales

Good Law
241 F. App'x 445
United States Court of Appeals for the Ninth CircuitJuly 30, 2007No. 05-74760California320 words

Opinion

Lead Opinion

MEMORANDUM **

Tiran Davtyan petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which adopted and affirmed the Immigration Judge’s (“IJ”) order denying his 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.

Substantial evidence support’s the IJ’s adverse credibility determination. Abebe v. Gonzales, 432 F.3d 1037, 1039-40 (9th Cir.2005) (en banc) (“[W]hen the BIA adopts the decision of the IJ, we review the IJ’s decision as if it were that of the BIA.”). The IJ pointed to numerous “specific, cogent” discrepancies and omissions that went “to the heart of petitioner’s claim.” Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004). Petitioners’ testimony regarding the contents of a police report, the timing of threatening phone calls, and their reasons for attending a protest are either implausible or are contradicted elsewhere in the record. The record also supports the IJ’s finding that petitioners embellished their claim by adding substantial and previously omitted details to their testimony as the case proceeded. The repeated and…

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