Minasyan

Minasyan v. Keisler

Good Law
254 F. App'x 617
United States Court of Appeals for the Ninth CircuitNovember 14, 2007No. 04-72668California542 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Andrey Minasyan (“Minasyan”) appeals the Board of Immigration Appeals’ (“BIA”) affirmance of the Immigration Judge’s (“IJ”) order denying Minasyan’s petition for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”), based on a finding of adverse credibility. We have jurisdiction pursuant to 8 U.S.C. § 1252 and affirm.

Adverse credibility findings are reviewed for substantial evidence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). The IJ “ ‘must have a legitimate articulable basis to question the petitioner’s credibility, and must offer a specific, cogent reason for any stated disbelief.’ ” Id. (quoting Hartooni v. INS, 21 F.3d 336, 342 (9th Cir.1994)). An adverse credibility ruling “will be upheld so long as identified inconsistencies go to the ‘heart of [the] asylum claim.’ ” Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004) (quoting Singh v. Ashcroft, 301 F.3d 1109, 1111 (9th Cir.2002)). Where an adverse credibility finding is based on discrepancies or inconsistencies, the applicant must be given a reasonable opportunity to explain those inconsistencies. Chen v. Ashcroft, 362 F.3d 611, 618 (9th Cir.2004). The IJ must…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.