FILED
NOT FOR PUBLICATION JAN 19 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SEDRAK SARGSYAN, No. 07-70914
Petitioner, Agency No. A098-510-670
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
**
Submitted January 11, 2010
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Sedrak Sargsyan, a native and citizen of Armenia, petitions pro se for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for asylum,
withholding of removal, and protection under the Convention Against Torture
*
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).
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review the adverse
credibility finding for substantial evidence. See Rivera v. Mukasey, 508 F.3d
1271, 1274 (9th Cir. 2007). We deny the petition for review.
Substantial evidence supports the agency’s adverse credibility
determination, see Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir. 2001),
specifically the agency’s findings that Sargsyan’s testimony was inconsistent with
his asylum application regarding physical abuse during custody and whether he
had contact with anyone during custody, see Li v. Ashcroft, 378 F.3d 959, 964 (9th
Cir. 2004). Accordingly, Sargsyan’s asylum and withholding of removal claims
fail.
Substantial evidence supports the agency’s determination that Sargsyan is
not entitled to CAT relief because he failed to demonstrate that it is more likely
than not that he will be tortured upon return to Armenia. See Malhi v. INS, 336
F.3d 989, 993 (9th Cir. 2003).
We cannot review the additional evidence Sargysan submitted here because
it is not part of the administrative record. See 8 U.S.C. § 1252(b)(4).
PETITION FOR REVIEW DENIED.
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