Maro Avdalyan v. Eric H. Holder Jr. , 586 F. App'x 442 ( 2014 )

FILED
NOT FOR PUBLICATION DEC 8 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARO AVDALYAN, No. 08-73041
Petitioner, Agency No. A075-713-564
v.
ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM*
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Maro Avdalyan, a native of Iran and citizen of Armenia, petitions for review
of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her application for asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”). We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual
findings, including the agency’s adverse credibility findings. Cortez-Pineda v.
Holder, 610 F.3d 1118, 1124 (9th Cir. 2010). We deny the petition for review.
Substantial evidence supports the agency’s adverse credibility finding based
on the inconsistencies between Avdalyan’s asylum application and testimony
regarding when she became a Jehovah’s Witness, whether her father or husband
was persecuted as a Jehovah’s Witness, and her longest hospitalization. See Lata
v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000) (significant and relevant discrepancies
between asylum application and testimony supported adverse credibility finding).
Avdalyan’s explanations for these inconsistencies do not compel a contrary
conclusion. See id. Thus, in the absence of credible testimony, Avdalyan’s asylum
and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153,
1156 (9th Cir. 2003).
Finally, Avdalyan’s CAT claim fails because it is based on the same
statements the agency found not credible, and the record does not otherwise
compel the finding that it is more likely than not she would be tortured by or with
the acquiescence of the government if returned to Armenia. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
2 08-73041