Ruben Movsisyan v. Eric H. Holder Jr.

MEMORANDUM

Based primarily on an adverse credibility finding, the Immigration Judge (“IJ”) denied Ruben Movsisyan’s claims for asylum, withholding of removal, and protection under the Convention Against Torture. The Board of Immigration Appeals (“BIA”) upheld the IJ’s decision and dismissed Movsisyan’s appeal.

The evidence does not compel us to overturn the adverse credibility determination. See Almaghzar v. Gonzales, 457 F.3d 915, 920 (9th Cir.2006). That determination rested on discrepancies between Movsisyan’s testimony and his asylum application as well as an interview he gave under oath with an asylum officer. See 8 U.S.C. § 1158 (b)(l)(B)(iii). Movsisyan was afforded an opportunity to explain these discrepancies but was unable to do so plausibly. The IJ did not fail to address any plausible explanation Movsisyan offered. See Soto-Olarte v. Holder, 555 F.3d 1089, 1091 (9th Cir.2009); see also Guo v. Ashcroft, 361 F.3d 1194, 1201 (9th Cir.2004) (IJ must address “reasonable and plausible” explanations for discrepancies).

Movsisyan contends that, even if his testimony is disbelieved, his documentary evidence establishes a credible fear of future persecution and therefore…