FILED
NOT FOR PUBLICATION OCT 15 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HOVHANNES YESAYAN, No. 09-71132
Petitioner, Agency No. A099-333-523
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 9, 2012 **
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Hovhannes Yesayan, a native of Iran 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 decision denying his application for asylum.
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
*
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).
the agency’s factual findings, applying the standards governing adverse credibility
determinations created by the REAL ID Act, Shrestha v. Holder, 590 F.3d 1034,
1039 (9th Cir. 2010), and we deny the petition for review.
The BIA found Yesayan not credible based upon the contradictory dates in
Yesayan’s testimony and his alleged inability to remember when events occurred,
which rendered his testimony “virtually incoherent.” The BIA also found Yesayan
not credible based on the inconsistency between what Yesayan’s medical
document purported to show, i.e., treatment of his kidneys and bronchitis, and what
it did show, i.e., treatment of bronchitis only. Substantial evidence supports the
agency’s adverse credibility determination. See id. at 1048 (adverse credibility
determination was reasonable under the REAL ID Act’s “totality of the
circumstances”).
PETITION FOR REVIEW DENIED.
2 09-71132