Nune Sargsyan v. Jefferson Sessions ( 2018 )

FILED
NOT FOR PUBLICATION
MAR 22 2018
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
NUNE SARGSYAN, No. 14-70816
Petitioner, Agency No. A099-707-441
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted March 8, 2018
Pasadena, California
Before: GRABER, W. FLETCHER, and OWENS, Circuit Judges.
Petitioner Nune Sargsyan, a native and citizen of Armenia, seeks review of
the Board of Immigration Appeals’ ("BIA") denial of asylum, withholding of
removal, and protection under the Convention Against Torture ("CAT"). We deny
the petition.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
1. Substantial evidence supports the conclusion that Petitioner did not
testify credibly. Li v. Holder, 559 F.3d 1096, 1102 (9th Cir. 2009). Petitioner’s
testimony before the IJ was inconsistent on several points, including the duration
of her husband’s extortion payments, the severity of her tooth injuries, what year
the hair salon burned down, and when her husband’s leg was broken. In denying
Petitioner’s claims, the BIA relied on those inconsistencies, none of which is
"merely trivial." Shrestha v. Holder, 590 F.3d 1034, 1046 (9th Cir. 2010).
2. The BIA did not err in rejecting Petitioner’s due process claims,
including those relating to the incomplete hearing transcript and interruptions
during her testimony. Petitioner has failed to demonstrate that she suffered
prejudice due to any procedural error and, therefore, her due process claims fail.
Morales-Izquierdo v. Gonzales, 486 F.3d 484, 495 (9th Cir. 2007) (en banc).
3. Because Petitioner failed to address her CAT claim in her brief, she has
waived it. Martinez-Serrano v. INS, 94 F.3d 1256, 1260 (9th Cir. 1996).
Petition DENIED.
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