Nune Sargsyan v. Jefferson Sessions

FILED NOT FOR PUBLICATION MAR 22 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT NUNE SARGSYAN, No. 14-70816 Petitioner, Agency No. A099-707-441 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted March 8, 2018 Pasadena, California Before: GRABER, W. FLETCHER, and OWENS, Circuit Judges. Petitioner Nune Sargsyan, a native and citizen of Armenia, seeks review of the Board of Immigration Appeals’ ("BIA") denial of asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). We deny the petition. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1. Substantial evidence supports the conclusion that Petitioner did not testify credibly. Li v. Holder, 559 F.3d 1096, 1102 (9th Cir. 2009). Petitioner’s testimony before the IJ was inconsistent on several points, including the duration of her husband’s extortion payments, the severity of her tooth injuries, what year the hair salon burned down, and when her husband’s leg was broken. In denying Petitioner’s claims, the BIA relied on those inconsistencies, none of which is "merely trivial." Shrestha v. Holder, 590 F.3d 1034, 1046 (9th Cir. 2010). 2. The BIA did not err in rejecting Petitioner’s due process claims, including those relating to the incomplete hearing transcript and interruptions during her testimony. Petitioner has failed to demonstrate that she suffered prejudice due to any procedural error and, therefore, her due process claims fail. Morales-Izquierdo v. Gonzales, 486 F.3d 484, 495 (9th Cir. 2007) (en banc). 3. Because Petitioner failed to address her CAT claim in her brief, she has waived it. Martinez-Serrano v. INS, 94 F.3d 1256, 1260 (9th Cir. 1996). Petition DENIED. 2 14-70816 Court of Appeals for the Ninth Circuit ca9 9th Cir. Nune Sargsyan v. Jefferson Sessions 22 March 2018 Agency Unpublished dd57f346c013afda014948d83d8e5f8fea964523

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