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235 F. App'x 607

Avetisyan v. Gonzales

U.S. Courts of Appeals

Decided August 21, 2007

U.S. Courts of Appeals · decided 2007-08-21

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

Relies on Malhi v. Immigration & Naturalization Service · Chun He Li v. Ashcroft · Avetova-Elisseva v. Immigration & Naturalization Service

Decided 2007-08-21

¶1MEMORANDUM …

¶2Samvel Avetisyan, a citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of his application for asylum. We have jurisdiction pursuant to 8 U.S.C. § 1252. Where it is unclear whether the BIA conducted a de novo review, we look to the IJ’s decision as a guide. See Avetova-Elisseva v. INS, 213 F.3d 1192, 1197 (9th Cir.2000). We review for substantial evidence, see Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003), and we deny the petition for review.

¶3Substantial evidence supports the IJ’s adverse credibility finding. Avetisyan’s omission from his asylum interview of the physical abuse that he claimed he suffered during his detention goes to the heart of his asylum claim. See Li v. Ashcroft, 378 F.3d 959, 963 (9th Cir.2004). Accordingly, his asylum claim is denied.

¶4PETITION FOR REVIEW DENIED.

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

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