Kakhaberi Sharabidze 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KAKHABERI SHARABIDZE,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-73867
Agency No. A079-580-213
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2011**
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Kakhaberi Sharabidze, a native and citizen of Georgia, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
FILED
JAN 18 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial
evidence findings of fact, including adverse credibility determinations. See
Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001). We deny the petition for
review.
We lack jurisdiction to review Sharabidze’s contention that the
government’s failure to forward a copy of his asylum application to the
Department of State for an advisory opinion requires remand pursuant to 8 C.F.R.
§ 208.11(a), and his contention that the IJ applied the incorrect standard in
evaluating his CAT claim because he failed to exhaust these issues before the BIA.
See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
Substantial evidence supports the IJ’s adverse credibility determination
based upon the omission from his asylum application of the two arrests and
beatings to which he testified, and based upon the inconsistencies between
Sharabidze’s testimony and asylum application regarding whether he was fired
from the national ensemble for being a deserter and whether he was in hiding in
T’bilisi between 1995 and 2000. See Chebchoub, 257 F.3d at 1043. Sharabidze’s
assertion that the IJ failed to evaluate his explanations for these discrepancies is
belied by the record. See Li v. Ashcroft, 378 F.3d 959, 963 (9th Cir. 2004). In the

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absence of credible testimony, Sharabidze’s asylum and withholding of removal
claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156-57 (9th Cir. 2003).
Because Sharabidze’s CAT claim is based on the same testimony found to
be not credible, and Sharabidze does not point to any other evidence that shows it
is more likely than not he would be tortured if returned to Georgia, his CAT claim
fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.

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