FILED
NOT FOR PUBLICATION SEP 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JENIA AMIRAGIAN, No. 07-72162
Petitioner, Agency No. A096-048-549
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN and N.R. SMITH, Circuit Judges.
Jenia Amiragian, a native and citizen of Armenia, petitions for review of a
Board of Immigration Appeals’ order dismissing her appeal from an immigration
judge’s (“IJ”) decision denying her application for asylum and withholding of
removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for
*
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).
substantial evidence factual findings. Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th
Cir. 2003). We deny the petition for review.
Amiragian does not challenge the IJ’s dispositive finding that her application
for asylum was untimely. Accordingly, her asylum claim fails.
Substantial evidence supports the IJ’s adverse credibility determination
based upon, inter alia, inconsistencies regarding the harm the police inflicted on
her, see Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir. 2001), and her
submission of a fraudulent medical document, see Desta v. Ashcroft, 365 F.3d 741,
745 (9th Cir. 2004) (adverse credibility determination supported where petitioner
submitted fraudulent documents that went to the heart of the claim and there were
material inconsistencies in petitioner’s testimony). In the absence of credible
testimony, Amiragian’s withholding of removal claim fails. See Farah, 348 F.3d
at 1156.
PETITION FOR REVIEW DENIED.
2 07-72162