Sveta Arutunyan v. ERIC H. HOLDER Jr., Attorney General

07-73348Court of Appeals for the Ninth CircuitJun 8, 2010

Full text

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NOT FOR PUBLICATION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
SVETA ARUTUNYAN,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-73348
Agency No. A098-144-320
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Sveta Arutunyan, a native and citizen of Armenia, petitions for review of the
Board of Immigration Appeals’ order dismissing her appeal from an immigration
judge’s decision denying her application for asylum. We have jurisdiction under
8 U.S.C. § 1252. We review for substantial evidence an adverse credibility
FILED
JUN 08 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-73348 2
determination, Sidhu v. INS, 220 F.3d 1085, 1088 (9th Cir. 2000), and we deny the
petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based upon Arutunyan’s submission of a fraudulent birth certificate, see Desta v.
Ashcroft, 365 F.3d 741, 745 (9th Cir. 2004) (fraudulent documents going to the
heart of the claim may justify an adverse credibility finding), the omission from
Arutunyan’s testimony of election activities that according to her asylum
application led her 2003 beating and detention, see Li v. Ashcroft, 378 F.3d 959,
962 (9th Cir. 2004), and Arutunyan’s misidentification of her party’s candidate
during the 2003 elections, see id. In the absence of credible testimony,
Arutunyan’s asylum claim fails. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th
Cir. 2003).
PETITION FOR REVIEW DENIED.

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