SARGSYAN v. SESSIONS III (2018)

MEMORANDUM *

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.

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.