Mikayelyan

Mikayelyan v. Mukasey

Good Law
261 F. App'x 39
United States Court of Appeals for the Ninth CircuitDecember 21, 2007No. 04-73733California1,729 words

Opinion

Lead Opinion

MEMORANDUM ***

I. Background and Prior Proceedings

Gohar Mikayelyan, a native and citizen of Armenia, timely filed a petition for review of the Board of Immigration Appeals’ (“BIA”) per curiam order affirming an Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). The IJ found Ms. Mikayelyan was not a credible witness, and also denied the application based on Ms. Mikayelyan’s failure to apply for asylum in either Russia or Georgia while she was en route to the United States.

II. Jurisdiction and Standard of Review

We have jurisdiction to review the petition pursuant to 8 U.S.C. § 1252 .

Because it is a finding of fact, this Court reviews an IJ’s adverse credibility determination for substantial evidence and should reverse that finding only if the evidence compels a contrary conclusion. 8 U.S.C. § 1252 (b)(4)(B); Chen v. Ashcroft, 362 F.3d 611, 616 (9th Cir.2004). The IJ’s decision to then grant or deny asylum to an eligible applicant is reviewed for abuse of discretion. 8 U.S.C. § 1252 (b)(4)(D).

III. Discussion

Immediately following Ms. Mikayelyan’s testimony before the IJ, the IJ…

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