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NOT FOR PUBLICATION JAN 19 2011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
IRINA GEVORKYAN, No. 08-70438
Petitioner, Agency No. A075-703-288
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.
Irina Gevorkyan, a native and citizen of Armenia, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s (“IJ”) decision denying her application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
*
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).
We have jurisdiction under 8 U.S.C. § 1252. “This court reviews factual
determinations, including credibility determinations, for substantial evidence.”
Morgan v. Mukasey, 529 F.3d 1202, 1206 (9th Cir. 2008). We deny the petition
for review.
Even if we assume that Gevorkyan’s asylum application was timely,
substantial evidence supports the IJ’s adverse credibility determination because the
discrepancies between Gevorkyan’s asylum application and her testimony
concerning the circumstances of her detention and her daughter’s death go to the
heart of her claim. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir. 2004). The
IJ reasonably found Gevorkyan’s explanations for the discrepancies unconvincing.
See Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir. 2007). The adverse
credibility determination is further supported by Gevorkyan’s submission of
fraudulent documents. 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.”). Accordingly, in the
absence of credible testimony, Gevorkyan’s claims for asylum and withholding of
removal fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156–57 (9th Cir. 2003).
Because Gevorkyan’s CAT claim is based on the same evidence that the
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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 also
fails. See id.
PETITION FOR REVIEW DENIED.
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