Lusik Mkhitaryan v. Eric H. Holder Jr. ( 2012 )

FILED
NOT FOR PUBLICATION JAN 24 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LUSIK MKHITARYAN, No. 09-70282
Petitioner, Agency No. A098-516-323
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 17, 2012 **
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Lusik Mkhitaryan, a native of the Soviet Union and citizen of Armenia,
petitions pro se for review of the Board of Immigration Appeals’ order dismissing
her appeal from an immigration judge’s decision denying her application for
asylum, withholding of removal, and protection under the Convention Against
*
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).
Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for
substantial evidence the agency’s factual findings, including adverse credibility
determinations. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001). We deny
the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
because Mkhitaryan’s testimony that she sought a visa after her release from the
hospital is inconsistent with the record evidence, see Chebchoub, 257 F.3d at 1043(an inconsistency goes to the heart of a claim if it concerns events central to the
alien’s version of why she was persecuted and fled), and the agency reasonably
rejected her explanations, see Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir.
2007). In the absence of credible testimony, Mkhitaryan’s asylum and withholding
of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.
2003).
Because Mkhitaryan’s CAT claim is based on the same testimony found to
be not credible, and she does not point to any other evidence that shows it is more
likely than not she would be tortured if returned to Armenia, her CAT claim also
fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
2 09-70282