Silva Aramyan v. Eric H. Holder Jr. , 410 F. App'x 61 ( 2011 )

FILED
NOT FOR PUBLICATION JAN 19 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SILVA ARAMYAN, a.k.a. Silva No. 08-70953
Movsisyan; ANZEHLA ARAMYAN,
Agency Nos. A098-144-932
Petitioners, A095-673-736
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011 **
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Silva Aramyan and her daughter, natives and citizens of Armenia, petition
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their
appeal from an immigration judge’s (“IJ”) decision denying Silva Aramyan’s
application for asylum, withholding of removal, and relief under the Convention
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. “We
review findings of fact for substantial evidence and questions of law de novo.”
Cortez-Pineda v. Holder, 610 F.3d 1118, 1121 (9th Cir. 2010). We deny the
petition for review.
The record does not compel the conclusion that changed or extraordinary
circumstances excused the untimely filing of Aramyan’s asylum application. See 8
C.F.R. § 1208.4(a)(4), (5); Magallanes-Damian v. INS, 783 F.2d 931, 934 (9th Cir.
1986). Accordingly, we deny the petition as to the petitioners’ asylum claims.
Substantial evidence supports the IJ’s determination that Aramyan was not
credible based on Aramyan’s admission that her initial asylum application was
entirely false and her failure to correct the false statements. See Kaur v. Gonzales,
418 F.3d 1061, 1067 (9th Cir. 2005) (“[H]ad she desired to tell the truth and
correct a false statement she could have easily done so . . . .”). The adverse
credibility determination is further supported by Aramyan’s submission of
fraudulent documents in support of her initial application and the lack of evidence
to corroborate her amended application. See Yeimane-Berhe v. Ashcroft, 393 F.3d
907, 911 (9th Cir. 2004) (“[T]he use of a fraudulent document may, considering
the totality of the record, lend support to an adverse credibility finding.”); Sidhu v.
2 08-70953
INS, 220 F.3d 1085, 1090 (9th Cir. 2000) (“[I]f the trier of fact either does not
believe the applicant or does not know what to believe, the applicant’s failure to
corroborate his testimony can be fatal to his asylum application.”). In the absence
of credible testimony, Aramyan cannot establish eligibility for withholding of
removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). We
therefore deny the petition as to that claim.
Because Aramyan’s CAT claim is based on the same evidence that the
agency found not credible, and she points to no other evidence showing it is more
likely than not she would be tortured if returned to Armenia, her CAT claim fails.
See id. at 1156–57.
Finally, we deny the petition as to Aramyan’s claim that her asylum
application was not frivolous under 8 U.S.C. § 1158(d)(6). The IJ and BIA
followed the required procedural framework, and the determination that Aramyan
deliberately fabricated material elements of her asylum application is supported by
the preponderance of the evidence. See 8 C.F.R. § 1208.20; Ahir v. Mukasey, 527
F.3d 912, 917–19 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
3 08-70953