Sirvard Oroujyan v. ERIC H. HOLDER Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NED/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SIRVARD OROUJYAN,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-70347
Agency No. A075-706-738
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010**
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Sirvard Oroujyan, a native and citizen of Armenia, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s (“IJ”) decision denying her application for asylum,
FILED
JAN 20 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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withholding of removal, and protection under the Convention Against Torture
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review adverse
credibility determinations for substantial evidence, Chebchoub v. INS, 257 F.3d
1038, 1042 (9th Cir. 2001), and we deny the petition for review.
Substantial evidence supports the IJ’s adverse credibility determination
because Oroujyan’s testimony was inconsistent with her declaration concerning the
details of her escape from the September 1999 attack and concerning whether her
February 2000 attackers threatened her with a gun or a knife, see Chebchoub, 257
F.3d at 1043 (inconsistencies in the details of events that form the basis for the
asylum claim go to the heart of the claim and support an adverse credibility
finding), and the IJ reasonably found Oroujyan’s explanations for the discrepancies
unconvincing, see Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir. 2007). In the
absence of credible testimony, Oroujyan failed to establish eligibility for asylum or
withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.
2003).
Oroujyan’s contention that the BIA failed to address her CAT claim is not
supported by the record. Because Oroujyan’s CAT claim is based on the same
evidence the IJ found not credible and she points to no further evidence to show it

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is more likely than not she wold be tortured if returned to Armenia, her CAT claim
fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.

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