Lyudmyla Klym v. Eric Holder, Jr. , 518 F. App'x 350 ( 2013 )

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 13a0292n.06
No. 12-3597
UNITED STATES COURT OF APPEALS FILED
FOR THE SIXTH CIRCUIT Mar 22, 2013
DEBORAH S. HUNT, Clerk
LYUDMYLA KLYM, )
)
Petitioner, )
) ON PETITION FOR REVIEW
v. ) FROM THE UNITED STATES
) BOARD OF IMMIGRATION
ERIC H. HOLDER, JR., Attorney General, ) APPEALS
)
Respondent. )
)
BEFORE: MARTIN, SUHRHEINRICH, and COLE, Circuit Judges.
PER CURIAM. Lyudmyla Klym, a citizen of Ukraine, petitions for review of an order by
the Board of Immigration Appeals that dismissed her appeal of a decision by an immigration judge
(IJ) who denied her applications for asylum and withholding of removal.
Klym entered the United States in 2007. She applied for asylum and withholding of removal
claiming that she had suffered persecution in Ukraine due to her Pentecostal religious beliefs. After
a hearing, an IJ denied Klym’s requests for relief on the ground that her testimony was not credible.
The Board concluded that the IJ’s credibility finding was not clearly erroneous and dismissed Klym’s
appeal.
We review an adverse credibility finding in an immigration case for substantial evidence, and
may reverse only if a reasonable adjudicator would be compelled to conclude to the contrary. Yu v.
No. 12-3597
Klym v. Holder
Ashcroft, 364 F.3d 700, 702–03 (6th Cir. 2004). Substantial evidence supported the IJ’s credibility
finding.
The IJ recognized the address listed as Klym’s on her application as that of an agency that
prepares asylum applications. Klym initially denied any familiarity with the agency, and then
admitted only that she obtained the form from them, contending that she prepared it herself with the
assistance of an English-speaking friend. The IJ also noted that Klym’s testimony was disturbingly
similar to the facts from a case he had heard earlier that day involving a Baptist from Kurdistan.
Additionally, Klym changed both the month and year of the incident when nationalists allegedly
pushed her down some stairs from what she reported in her application. She was also inconsistent
concerning the injuries she allegedly suffered on that occasion, as she testified at first to suffering
strained ligaments, but changed her position when presented with documentation she submitted
showing a broken bone. Finally, Klym testified to lengthy hospital stays following the injuries she
received, but her supporting documentation was from an outpatient clinic.
A petitioner on review from an adverse credibility finding must do more than offer a
plausible explanation for her inconsistent statements. She must demonstrate that a reasonable
factfinder would be compelled to credit her testimony. See Majidi v. Gonzales, 430 F.3d 77, 80 (2d
Cir. 2005). In her brief, Klym argues that the inconsistencies noted by the IJ could be explained as
translation problems or typographical errors. However, a reasonable factfinder would not be
compelled to accept these explanations. Therefore, we conclude that the IJ’s credibility finding to
be supported by substantial evidence. Absent credible testimony, Klym did not establish eligibility
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for asylum or withholding of removal. See El-Moussa v. Holder, 569 F.3d 250, 256–57 (6th Cir.
2009).
The petition for review is denied.
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