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115 F. App'x 344

Minassian v. Ashcroft

U.S. Courts of Appeals

Decided December 9, 2004

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

Applies 28 U.S.C. § 2412 · 8 U.S.C. § 1229C (§ 240b of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 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 · Ghaly v. Immigration & Naturalization Service · Saideh Fisher v. Immigration and Naturalization Service

Decided 2004-12-09

¶1MEMORANDUM …

¶2Armen Minassian, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture. 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 dismiss the petition in part and deny the petition in part.

¶3Substantial evidence supports the IJ’s adverse credibility determination. Minassian’s testimony about events in Armenia was inconsistent with his statements in his asylum interview. 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). Because Minassian’s testimony was not credible and he did not provide easily available corroborating evidence, substantial evidence supports the IJ’s determination that Minassian failed to satisfy his burden of proving his asylum case. See id. at 1045.

¶4By failing to qualify for asylum, Minassian 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).

¶5We reject Minassian’s contention that the BIA’s decision is mere “boilerplate.” The decision contains an adequate statement of its reasons for denying relief so that this court may properly conduct its review. See Ghaly v. INS, 58 F.3d 1425, 1430 (9th Cir.1995).

¶6Because the BIA did not apply its streamlining regulations to Minassian’s case, his contention that the streamlining procedure violated his due process rights is belied by the record.

¶7This court lacks jurisdiction to review the IJ’s denial of voluntary departure. See 8 U.S.C. § 1229c(f); see also Alvarez-*345Santos v. INS, 332 F.3d 1245, 1255 (9th Cir.2003).

¶8Because Minassian has not prevailed in this court, his request for attorney fees under the Equal Access to Justice Act is denied. See 28 U.S.C. § 2412(d)(3).

¶9PETITION FOR REVIEW DISMISSED IN PART AND DENIED IN PART.

¶10 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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