FILED
NOT FOR PUBLICATION APR 08 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ARTHUR MKRTCHIAN, No. 05-76691
Petitioner, Agency No. A078-256-142
v.
MEMORANDUM *
ERIC H. HOLDER JR., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2010 **
Pasadena, California
Before: FERNANDEZ, SILVERMAN, and GRABER, Circuit Judges.
Arthur Mkrtchian petitions this court for review of the BIA’s affirmance of
the IJ’s denials of Mkrtchian’s applications for asylum, withholding of removal,
and relief under the Convention Against Torture. The IJ made an adverse
credibility determination which the BIA affirmed. Mkrtchian argues that
*
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 does not support the credibility determination. We have
jurisdiction pursuant to 8 U.S.C. § 1252, and we deny the petition.
We review the IJ’s decision as if it were the BIA’s when the BIA adopts and
affirms the IJ’s decision by citing Matter of Burbano, 20 I. & N. Dec. 872 (B.I.A.
1994), as it did here. Moreno-Morante v. Gonzales, 490 F.3d 1172, 1174 (9th Cir.
2007). An adverse credibility determination will stand unless “any reasonable
adjudicator would be compelled to conclude to the contrary.” Malkandi v. Holder,
576 F.3d 906, 908 (9th Cir. 2009) (internal quotation marks omitted).
The IJ found Mkrtchian not credible because, among other things, one of the
principal instances of alleged persecution to which he testified was omitted entirely
from prior testimony he provided at his mother’s immigration hearing. The
episode was a forcible entry and beating he and his family suffered at the hands of
Armenian police in April 1995. At his mother’s hearing, in addition to omitting
the April incident, Mkrtchian testified that a similar incident approximately seven
months later was the first time the police beat his family. The IJ provided
Mkrtchian an opportunity to explain the inconsistency and Mkrtchian testified that
he felt under pressure at the prior hearing and only provided direct answers to the
questions he was asked. The IJ was not persuaded.
2
This discrepancy goes to the heart of Mkrtchian’s claims and adequately
supports the IJ’s adverse credibility finding. See Husyev v. Mukaskey, 528 F.3d
1172, 1183 (9th Cir. 2008). The adverse credibility finding also supports the IJ’s
denial of withholding of removal and relief under the Convention Against Torture.
This reason by itself sufficiently supports the IJ’s adverse credibility
determination. Wang v. INS, 352 F.3d 1250, 1259 (9th Cir. 2003).
PETITION DENIED.
3