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No. 8644241
United States Court of Appeals for the Ninth Circuit
Karapetyan v. Keisler
No. 8644241 · Decided October 1, 2007
No. 8644241·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
October 1, 2007
Citation
No. 8644241
Disposition
See opinion text.
Full Opinion
MEMORANDUM *** Larisa Karapetyan, and her son, Vahan Aramyan, natives and citizens of Armenia, *604 petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of them application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Where, as here, the BIA affirms without an opinion, we review directly the IJ’s decision. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence, see Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we deny the petition for review. The IJ offered specific and cogent reasons for his adverse credibility determination based on the implausibility of Karape-tyan’s lack of knowledge of her political party and of her testimony that the Armenian government would have opposed her party, which go to the heart of Kara-petyan’s asylum claim. See Wang v. INS, 352 F.3d 1250, 1257-58 (9th Cir.2003). Accordingly, substantial evidence supports the IJ’s adverse credibility finding. See Li, 378 F.3d at 964 (concluding that, as long as one of the IJ’s adverse credibility findings is supported by substantial evidence and goes to the heart of an asylum claim, we will accept the IJ’s adverse credibility finding). In the absence of credible evidence, Ka-rapetyan has failed to show eligibility for asylum or withholding. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). Because Karapetyan’s CAT claim is based on the same facts that the IJ found to be not credible, and Karapetyan points to no other evidence that the IJ should have considered, she has failed to establish eligibility for CAT relief. See id. at 1157 . PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM *** Larisa Karapetyan, and her son, Vahan Aramyan, natives and citizens of Armenia, *604 petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of them application f
Key Points
01MEMORANDUM *** Larisa Karapetyan, and her son, Vahan Aramyan, natives and citizens of Armenia, *604 petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of them application f
02Where, as here, the BIA affirms without an opinion, we review directly the IJ’s decision.
03Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we deny the petition for review.
04The IJ offered specific and cogent reasons for his adverse credibility determination based on the implausibility of Karape-tyan’s lack of knowledge of her political party and of her testimony that the Armenian government would have opposed
Frequently Asked Questions
MEMORANDUM *** Larisa Karapetyan, and her son, Vahan Aramyan, natives and citizens of Armenia, *604 petition for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of them application f
FlawCheck shows no negative treatment for Karapetyan v. Keisler in the current circuit citation data.
This case was decided on October 1, 2007.
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