Nikoghosyan

Nikoghosyan v. Mukasey

Good Law
270 F. App'x 723
United States Court of Appeals for the Ninth CircuitMarch 24, 2008No. 03-74816California339 words

Opinion

Lead Opinion

MEMORANDUM **

Gagik Nikoghosyan, a native and citizen of Armenia, petitions pro se for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition for review.

Because the IJ relied on minor inconsistencies, see Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 660 (9th Cir.2003), and because the IJ improperly found that Nikoghosyan’s admission that he came to the United States in part to seek a job undermined his credibility regarding his fear of returning to Armenia, see Melkonian v. Ashcroft, 320 F.3d 1061, 1068 (9th Cir.2003) (recognizing that fear of persecution need not be the alien’s only motivation for fleeing), substantial evidence does not support the IJ’s adverse credibility determination. See Mendoza Manimbao, 329 F.3d at 660-61 .

Assuming that Nikoghosyan’s testimony was credible and that he was persecuted in…

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