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115 F. App'x 343

Isayan v. Ashcroft

U.S. Courts of Appeals

Decided December 9, 2004

U.S. Courts of Appeals · decided 2004-12-09

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Abderrahman Chebchoub v. Immigration and Naturalization Service · Saideh Fisher v. Immigration and Naturalization Service · Malhi v. Immigration & Naturalization Service

Decided 2004-12-09

¶1MEMORANDUM …

¶2Edmond Isayan, a native of Iran and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“IJ”) denial of his applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence an adverse credibility finding and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003). We deny the petition.

¶3Substantial evidence supports the IJ’s decision. Isayan’s testimony was inconsistent with his asylum application. The discrepancies relate to the basis of his alleged fear of persecution and go to the heart of his asylum claim. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001); see also Pal v. INS, 204 F.3d 935, 938 (9th Cir.2000).

¶4By failing to qualify for asylum, Isayan necessarily failed to satisfy the more stringent standard for withholding of removal. See Fisher v. INS, 79 F.3d 955, 961 (9th Cir.1996) (en banc).

¶5PETITION FOR REVIEW DENIED.

¶6 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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