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testimonyasylumcredibility
torttestimonyasylumprosecutorcredibility

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Lalayan v. Garland

Facts

Zhirayr Lalayan and his family, citizens of Armenia, entered the U.S. from Mexico in November 2015 after Lalayan reported members of a union for embezzling aid intended for Armenians in need. Following his complaint, Lalayan faced threats and violence from union members, prompting his family's departure from Armenia. They applied for asylum upon entering the U.S., claiming fear of persecution due to Lalayan's political opinion.

The Petitioners are natives and citizens of Armenia. On or about November 28, 2015, they entered the United States from Mexico and applied for admission at the port of entry at San Ysidro, California. The Department of Homeland Security served the Petitioners with Notices to Appear in immigration court, which alleged that they did not possess valid United States entry documents and charged them with removability pursuant to 8 U.S.C. 1182(a)(7)(A)(i)(I). On May 27, 2016, the Petitioners appeared before the IJ represented by counsel, admitted to the notices' allegations, and conceded that they were removable. Lalayan submitted applications for asylum, withholding of removal, and CAT protection, and he identified the other Petitioners as derivative beneficiaries.

Issue

Did the BIA err in denying Lalayan's applications for asylum and related relief based on adverse credibility determinations?

Did the BIA err in denying Lalayan's applications for asylum and related relief based on adverse credibility determinations?

Rule

The court reviews factual findings, including adverse credibility determinations, for substantial evidence, and such findings are conclusive unless any reasonable adjudicator would be compelled to conclude otherwise.

"We review factual findings, including adverse credibility determinations, for substantial evidence." Garcia v. Holder, 749 F.3d 785, 789 (9th Cir. 2014). "Factual findings 'are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.'" Id., quoting 8 U.S.C. 1252(b)(4)(B).

Analysis

The court found that the BIA's adverse credibility determinations were supported by substantial evidence, including inconsistencies in Lalayan's testimony regarding his decision to report the embezzlement and the timing of his departure to the U.S. The IJ highlighted implausibilities in Lalayan's narrative, such as why he did not notify UMCOR of the embezzlement and the timing of his decision to leave Armenia.

The IJ found that Lalayan's account of the attacks were consistent, she determined that three elements of Lalayan's testimony were implausible. First, the IJ found that it was implausible that Lalayan would file a complaint with the prosecutor general's office about the Union's embezzlement but not notify UMCOR itself. The IJ discussed at length the issues in Lalayan's explanation and cited his changing answers. The IJ addressed Lalayan's stated concern that if UMCOR learned of the Union's embezzlement, it might end aid operations in Armenia. The IJ determined that while Lalayan's "concerns [were] reasonable, his course of action [was] not," reasoning that filing a complaint with the prosecutor general's office about the Union's embezzlement would likely cause Armenian authorities to notify UMCOR, the victim of the embezzlement.

Conclusion

The Ninth Circuit affirmed the BIA's decision, concluding that Lalayan did not establish a well-founded fear of future persecution and that the adverse credibility determinations were supported by substantial evidence.

The IJ denied Lalayan's applications for asylum, withholding of removal, and CAT relief on the grounds of adverse credibility determinations and Lalayan's failure to submit objective evidence that established a well-founded fear of future persecution or sufficient likelihood that he would be tortured if removed to Armenia.

Who won?

The government prevailed in the case as the court upheld the BIA's denial of Lalayan's asylum application based on credibility issues.

The government prevailed in the case as the court upheld the BIA's denial of Lalayan's asylum application based on credibility issues.

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