Khudaverdyan

MEMORANDUM **

Norik Khudaverdyan (“Khudaverdyan”), his wife Emma Panosyan (“Panosyan”), and their son, Vahe Khudaverdyan, seek review of the Board of Immigration Appeals’ decision denying their claims for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”).

Although the Immigration Judge (“IJ”) identified several minor inconsistencies in the petitioners’ testimony which did not go to the heart of their claim for asylum, see Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001), the IJ also noted discrepancies between Panosyan’s and Khudaverdyan’s description of the most significant encounter with police, as well as discrepancies between Khudaverdyan’s testimony and his asylum declaration, which omitted any reference to police encounters and threats prior to the December 22, 1998, event. See id. (discrepancy between testimony and affidavit about number of times arrested is significant and goes to heart of claim).

The IJ also doubted petitioners were sincere in their purported adherence to the Jehovah’s Witness faith, the basis of them claim for asylum, because of inconsistencies about Khudaverdyan’s baptism and because neither Panosyan or…