Filed: Aug. 11, 2015
Latest Update: Mar. 02, 2020
Summary: FILED NOT FOR PUBLICATION AUG 11 2015 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GHOOKAS DERMIKAELIAN, No. 12-71361 Petitioner, Agency No. A095-600-345 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 7, 2015** Pasadena, California Before: SILVERMAN, SACK***, and WARDLAW, Circuit Judges. Ghookas Dermikaelian petitions for review of the Board
Summary: FILED NOT FOR PUBLICATION AUG 11 2015 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GHOOKAS DERMIKAELIAN, No. 12-71361 Petitioner, Agency No. A095-600-345 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 7, 2015** Pasadena, California Before: SILVERMAN, SACK***, and WARDLAW, Circuit Judges. Ghookas Dermikaelian petitions for review of the Board o..
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FILED
NOT FOR PUBLICATION
AUG 11 2015
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GHOOKAS DERMIKAELIAN, No. 12-71361
Petitioner, Agency No. A095-600-345
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 7, 2015**
Pasadena, California
Before: SILVERMAN, SACK***, and WARDLAW, Circuit Judges.
Ghookas Dermikaelian petitions for review of the Board of Immigration
Appeals’ dismissal of his appeal from the Immigration Judge’s denial of his
*
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).
***
The Honorable Robert D. Sack, Senior Circuit Judge for the U.S.
Court of Appeals for the Second Circuit, sitting by designation.
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applications for asylum, withholding of removal, and protection under the
Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252(a)(1).
We DENY the petition.
Substantial evidence supports the agency’s adverse credibility finding and
its denial of Dermikaelian’s claims for relief in this pre-REAL ID Act case.
Dermikaelian failed to credibly establish his identity, a key element of his asylum
claim. Farah v. Ashcroft,
348 F.3d 1153, 1156 (9th Cir. 2003). After the
government’s forensic document reviewer opined that the birth certificate
Dermikaelian submitted in support of his application was fraudulent, Dermikaelian
admitted the document was a fake and that he had hired individuals to prepare it.
Dermikaelian’s testimony about his identity was not corroborated by any other
testimony or evidence, aside from the declarations of two individuals, both of
whom had medical problems the day before his asylum hearing and failed to
appear in court. Additional aspects of the record support the agency’s adverse
credibility finding: namely, inconsistencies between Dermikaelian’s testimony and
the birth certificate about how many children he had, and inconsistencies between
Dermikaelian’s testimony and other documents he submitted regarding the timing
of the documents’ issuance and receipt.
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Dermikaelian claimed the contents of the birth certificate were true, even
though the document itself was fake. However, the document stated that he had a
third child, a son, born two months after his second child. Dermikaelian’s
explanation that the original document did not contain information about a third
child is unsatisfactory since it does not explain why the translation includes not
only the name of a third child but also a birth date and ID number for him.
Under these circumstances, Dermikaelian’s submission of a false document
to prove his identity and the discrepancy between that document and his testimony
provides substantial evidence supporting the agency’s adverse credibility finding.
Singh v. Holder,
638 F.3d 1264, 1272 (9th Cir. 2011); Yeimane-Berhe v. Ashcroft,
393 F.3d 907, 911 (9th Cir. 2004); Akinmade v. I.N.S.,
196 F.3d 951, 955-56 (9th
Cir. 1999). Because substantial evidence supports the denial of Dermikaelian’s
asylum claim, and because he relied on the same testimony and evidence to prove
his withholding of removal and CAT claim, the agency’s denial of those
applications is also supported by substantial evidence.
Farah, 348 F.3d at 1156-
57.
PETITION FOR REVIEW DENIED.