KILINYAN v. HOLDER, 09-70604 (9th Cir. 6-22-2011)
HAYKANUSH KILINYAN, Petitioner, v. ERIC H. HOLDER, Jr., AttorneyGeneral, Respondent.
No. 09-70604.United States Court of Appeals, Ninth Circuit.Submitted June 15, 2011.[fn**]
June 22, 2011.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.][fn**] The panel unanimously concludes this case is suitable for decision without oral argument. See
Fed.R.App.P. 34(a)(2).
MEMORANDUM[fn*]
[fn*] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A099-345-967.
Before: CANBY, O'SCANNLAIN, and FISHER, Circuit Judges.
Haykanush Kilinyan, a native of the former Soviet Union and citizen of Armenia, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing her appeal from an immigration judge's ("IJ") decision denying her application for asylum, withholding of removal, and protection under thePage 2
Convention Against Torture ("CAT"). We have jurisdiction under 8 U.S.C. ยง 1252. We review de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971
(9th Cir. 2000), and we deny the petition for review.
Kilinyan contends her due process rights were violated because almost all of the IJ's doubts concerning credibility related to a faulty translation of the name of Kilinyan's political party. We reject this argument because the IJ gave other reasons for finding Kilinyan not credible, which were unrelated to the mistranslation, and the BIA relied on these other findings in concluding Kilinyan was not credible. See Lata v. INS,204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to prevail on due process challenge).
Apart from this due process contention, Kilinyan does not otherwise challenge the agency's dispositive adverse credibility finding.
PETITION FOR REVIEW DENIED.Page 1