FILED
NOT FOR PUBLICATION JUL 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ZHANETA NEDIALKOVA IVANOVA; No. 08-72051
et al.,
Agency Nos. A098-534-269
Petitioners, A098-534-270
A098-534-271
v.
ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM *
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Zhaneta Nedialkova Ivanova and her family, natives and citizens of
Bulgaria, petition for review of the Board of Immigration Appeals’ order
dismissing their appeal from an immigration judge’s decision denying their
application for asylum, withholding of removal, and protection under the
*
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).
Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
§ 1252. We review for substantial evidence, Kin v. Holder, 595 F.3d 1050, 1054
(9th Cir. 2010), and we deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
because the discrepancies between petitioners’ testimony, a medical document, and
a witness’ testimony regarding Aleksandar Petkov Ivanov’s fractured pelvis go to
the heart of petitioners’ claim, see id. at 1058, and petitioners’ explanation does not
compel a contrary conclusion, see Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th
Cir. 2007). Accordingly, in the absence of credible testimony, petitioners’ asylum
and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153,
1156 (9th Cir. 2003).
Further, because petitioners’ CAT claim is based on the same statements
found to be not credible, and petitioners do not point to any other evidence that
shows it is more likely than not that they will be tortured if returned to Bulgaria,
their CAT claim also fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
2 08-72051