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Yesayan v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 262 (9th Cir. 2012)

Opinion

No. 09-71132 Agency No. A099-333-523

10-15-2012

HOVHANNES YESAYAN, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

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


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Hovhannes Yesayan, a native of Iran and citizen of Armenia, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's decision denying his application for asylum. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act, Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir. 2010), and we deny the petition for review.

The BIA found Yesayan not credible based upon the contradictory dates in Yesayan's testimony and his alleged inability to remember when events occurred, which rendered his testimony "virtually incoherent." The BIA also found Yesayan not credible based on the inconsistency between what Yesayan's medical document purported to show, i.e., treatment of his kidneys and bronchitis, and what it did show, i.e., treatment of bronchitis only. Substantial evidence supports the agency's adverse credibility determination. See id. at 1048 (adverse credibility determination was reasonable under the REAL ID Act's "totality of the circumstances").

PETITION FOR REVIEW DENIED.


Summaries of

Yesayan v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 262 (9th Cir. 2012)
Case details for

Yesayan v. Holder

Case Details

Full title:HOVHANNES YESAYAN, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 15, 2012

Citations

485 F. App'x 262 (9th Cir. 2012)