Kamalyan v. Holder

387 F. App'x 726

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 14, 2010
• Docket: 06-70424
• Status: Unpublished

Opinion

MEMORANDUM **

Parandzem Kamalyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) denial of her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252, and review adverse credibility findings for substantial evidence. Soto-Olarte v. Holder, 555 F.3d 1089, 1091 (9th Cir.2009). We deny the petition for review.

The IJ’s adverse credibility determination is supported by substantial evidence because there were inconsistencies regarding the petitioner’s political involvement, occupational changes from cashier to school director, and the sequence of events surrounding the alleged political persecution. See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004). Furthermore, Kamalyan failed to provide an adequate explanation for withholding information about a prior embezzlement conviction, and for obtaining certain corroborating documents while also claiming a lack of access to other documents. See de Leon-Barrios v. INS, 116 F.3d 391, 393-94 (9th Cir.1997).

In the absence of credible testimony, Kamalyan failed to establish that she suffered past persecution nor that she has a well-founded fear of future persecution. Therefore, she is ineligible for asylum or withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Due to the lack of credible testimony and corroborating documentation, Kama-lyan has also failed to demonstrate she would be tortured if returned to Armenia. See id. at 1156-57. Accordingly, her CAT claim fails.

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.