FILED
NOT FOR PUBLICATION NOV 24 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS
FOR THE NINTH CIRCUIT
GOHAR BAGHDASARYAN, No. 05-71840
Petitioner, Agency No. A079-536-481
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 2, 2009**
Pasadena, California
Before: SCHROEDER, IKUTA, and SILER, *** Circuit Judges.
This is a petition for review of a decision by the Board of Immigration
Appeals ('BIA') affirming an order of removal and denying asylum, withholding
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Eugene E. Siler, Jr., Senior United States Circuit
Judge for the Sixth Circuit, sitting by designation.
of removal, and relief under the Convention Against Torture. The matter was
submitted on the briefs after the individual who appeared at argument purporting to
represent the petitioner failed to file a notice of appearance, maµe any substitution
as counsel of record, provide any evidence that petitioner's current counsel of
record withdrew from the case, or show any authorization from the client to
proceed on her behalf.
On the merits of the issues briefed, we hold that neither the BIA nor the
Immigration Judge ('IJ') erred in requiring the petitioner to comply with Matter of
Lozada, 19 I. & N. Dec. 637 (BIA 1988). As the BIA correctly noted, 8 C.F.R.
y 1208.4(a)(5)(iii) provides that the requirements established in Matter of Lozada
apply in the context of an untimely filed asylum application. Applying that
regulation, the BIA did not err in holding that petitioner's asylum claim was
untimely. The IJ's adverse credibility determination also must be upheld because
the petitioner, on appeal to the BIA or to this court, did not adequately address the
reasons given by the IJ for the adverse determination. See Martinez-Serrano v.
INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996); Husyev v. Muµasey, 528 F.3d 1172,
1183 (9th Cir. 2008).
The petition for review is DENIED.
2
FILED
Baghdasaryan v. Holder, 05-71840 NOV 24 2009
MOLLY C. DWYER, CLERK
IKUTA, Circuit Judge, concurring: U.S . CO U RT OF AP PE A LS
I concur in the result reached by the majority.