Ruzanna Sargsyan v. Loretta E. Lynch ( 2016 )

FILED
NOT FOR PUBLICATION
APR 12 2016
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RUZANNA ASHOT SARGSYAN, No. 13-72851
Petitioner, Agency No. A099-589-992
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 8, 2016**
Pasadena, California
Before: SILVERMAN and GRABER, Circuit Judges, and DORSEY,*** District
Judge.
Ruzanna Sargsyan, a native and citizen of Armenia, petitions for review of a
final order of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 and
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes that this case is suitable for
decision without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Jennifer A. Dorsey, District States District Judge for
the District of Nevada, sitting by designation.
review for substantial evidence. Shrestha v. Holder, 590 F.3d 1034, 1039, 1047-48
(9th Cir. 2010).
Sargsyan’s inconsistent testimony about the alleged May 2004 assault and
subsequent hospitalization provides substantial evidence to support the adverse
credibility finding. See id. at 1046–47 (“Although inconsistencies no longer need
to go to the heart of the petitioner’s claim, when an inconsistency is at the heart of
the claim it doubtless is of great weight.”). Furthermore, substantial evidence
supports the finding that Sargsyan did not satisfactorily explain the inconsistencies.
Nor does the remaining evidence in the record compel a finding that
Sargsyan more likely than not would be tortured by the government or with its
acquiescence if she returns to Armenia. See id. at 1048–49 (If the adverse
credibility determination is supported by substantial evidence, the remaining
documents in the record must compel a finding of eligibility for relief under the
Convention Against Torture).
PETITION FOR REVIEW DENIED.
2