Nina Alekseevna Oganesian v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NINA ALEKSEEVNA OGANESIAN,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-72348
Agency No. A099-452-963
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 16, 2016**
Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.
Nina Alekseevna Oganesian, a native of Armenia and citizen of Bulgaria,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing her appeal from an immigration judge’s decision denying her
application for asylum, withholding of removal, and protection under the
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
AUG 23 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-72348
Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
§ 1252. We review for substantial evidence the agency’s factual findings, applying
the standards governing adverse credibility determinations created by the REAL
ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010). We deny the
petition for review.
The BIA found Oganesian not credible based on inconsistencies between her
testimony, her asylum application, and a previous visa application regarding her
marital and work history. Substantial evidence supports the BIA’s adverse
credibility determination. See id. at 1048 (adverse credibility finding reasonable
under the “totality of circumstances”). In the absence of credible testimony,
Oganesian’s asylum and withholding of removal claims fail. See Farah v.
Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). In light of our disposition, we do
not reach Oganesian’s remaining contentions.
Finally, Oganesian’s CAT claim fails because it is based on the same
evidence that was found not credible and the record does not otherwise compel the
conclusion that it is more likely than not she will be tortured by or with consent or
acquiescence of the Bulgarian government. See id. at 1156-57.
PETITION FOR REVIEW DENIED.

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