Adamyan

Adamyan v. Keisler

Good Law
250 F. App'x 207
United States Court of Appeals for the Ninth CircuitOctober 2, 2007No. 04-71542California357 words

Opinion

Lead Opinion

MEMORANDUM ***

Armen Adamyan (“Adamyan”) petitions for review of the Board of Immigration Appeals’ (“BIA”) decision upholding the *208 Immigration Judge’s (“IJ”) denial of his claims for asylum, withholding of removal, and protection under the Convention Against Torture.

The BIA did not expressly adopt the IJ’s decision, but rather reviewed the IJ’s decision de novo. Therefore, our review is limited to the BIA’s decision. Malhi v. I.N.S.,. 336 F.3d 989, 992 (9th Cir.2003).

The BIA determined that the IJ’s adverse credibility determination was not clearly erroneous in light of the inconsistency between Adamyan’s description of his first beating by the military in April 1999 in his asylum application and in his testimony. This is a “specific, cogent reason” for the BIA’s adverse credibility finding, which goes “to the heart of the asylum claim.” Malhi v. I.N.S., 336 F.3d 989, 992-93 (9th Cir.2003). The BIA’s determination is supported by substantial evidence. The BIA also determined that the IJ was not clearly erroneous in finding that Adamyan failed to establish his identity, in light of his testimony that his passport was obtained fraudulently. See Singh-Kaur v. INS, 183 F.3d…

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