Siranush Demirchian; v. ERIC H. HOLDER, Jr., Attorney General

10-70899Court of Appeals for the Ninth Circuit24 gen 2014

Testo completo

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SIRANUSH DEMIRCHIAN; et al.,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-70899
Agency Nos. A075-717-045
A075-717-046
A077-998-007
A077-998-014
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted January 10, 2014
Pasadena, California
Before: W. FLETCHER, M. SMITH, and WATFORD, Circuit Judges.
The Board of Immigration Appeals’ (BIA) adverse credibility determination
is supported by substantial evidence. Ms. Demirchian and her family failed to
credibly establish their identities, an issue that goes to the heart of their claim. See
Kalouma v. Gonzales, 512 F.3d 1073, 1079 (9th Cir. 2008); Farah v. Ashcroft, 348
F.3d 1153, 1156 (9th Cir. 2003).
FILED
JAN 24 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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The Immigration Judge (IJ) granted the Demirchian family ample time and
opportunity to collect valid documentary evidence of their identities, to rebut the
government’s contrary forensic evidence, and to explain the inconsistencies and
problems the IJ identified in their testimony and documents. The Demirchians
could not explain how the “Advocacy Bureau” acquired their documents, and the
BIA reasonably relied on the government’s forensic reports refuting both the
existence of the Bureau and the reliability of the identity documents. The
Demirchians’ inability to credibly prove their identities directly implicates whether
or not they were actually subject to persecution in Georgia. Based on this record, a
reasonable factfinder would not be compelled to conclude the Demirchians
testified credibly about their identities. See I.N.S. v. Elias-Zacarias, 502 U.S. 478,
481 n.1 (1992); Farah, 348 F.3d at 1156.
PETITION FOR REVIEW DENIED.

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