Ivo Parichkov v. ERIC H. HOLDER, Jr., Attorney General

09-71196Court of Appeals for the Ninth Circuit24.01.2012

Gesamter Gesetzestext

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NOT FOR PUBLICATION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
IVO PARICHKOV,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71196
Agency No. A097-635-362
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 17, 2012**
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Ivo Parichkov, a native and citizen of Bulgaria, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s (“IJ”) decision denying his application for asylum, withholding of removal,
and protection under the Convention Against Torture (“CAT”). We have
FILED
JAN 24 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s factual findings, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001),
and we deny the petition for review.
Substantial evidence supports the agency’s adverse credibility finding based
on the inconsistencies between Parichkov’s medical documentation and his
testimony about the attacks and injuries he suffered from skinheads. See id. at
1043. Further, because the IJ had reason to question Parichkov’s credibility, his
failure to provide corroborating evidence undermines his claim. See id. at 1044-
45. In light of our conclusion regarding the agency’s adverse credibility finding,
we do not reach Parichkov’s pattern or practice contention. In the absence of
credible evidence, Parichkov’s asylum and withholding of removal claims fail. See
Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Because Parichkov’s CAT claim is based on the same evidence that the
agency found not credible, and he points to no other evidence showing it is more
likely than not he would be tortured if returned to Bulgaria, his CAT claim also
fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.

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