Gharibkhanyan

Gharibkhanyan v. Mukasey

Good Law
280 F. App'x 628
United States Court of Appeals for the Ninth CircuitMay 28, 2008No. 05-73155California321 words

Opinion

Lead Opinion

MEMORANDUM **

Vahik Gharibkhanyan, a native of Iran and citizen of Armenia, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing for substantial evidence, see Sidhu v. INS, 220 F.3d 1085, 1088 (9th Cir.2000), we dismiss in part, and deny in part the petition for review.

We lack jurisdiction to review the IJ’s determination that Gharibkhanyan’s asylum application was untimely because that finding is based on disputed facts. See 8 U.S.C. § 1158 (a)(3); Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (per curiam). Accordingly, we dismiss the asylum claim.

Substantial evidence supports the adverse credibility determination, because the IJ properly relied on discrepancies in Gharibkhanyan’s testimony and other documentary evidence concerning the place and date of his arrival in the United States. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003) (affirming negative credibility finding based on, inter alia,…

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