Jirair Stepanian v. Jefferson Sessions
702 F. App'x 579
| 9th Cir. | 2017Background
- Jirair Stepanian, an ethnic Armenian who asserted Iranian nationality, applied for asylum, withholding of removal, and CAT protection; the BIA denied relief and found his asylum application frivolous.
- The IJ and BIA found major inconsistencies in Stepanian’s testimony, including a visa application showing an Armenian passport and recent residence/work in Armenia shortly before the alleged persecution in Iran.
- He testified that his parents and siblings lived in Iran, but record evidence showed his family had lived in Armenia since 1971 and were residing in Glendale, California, when he testified.
- The BIA adopted the IJ’s credibility findings and concluded the inconsistencies went to the heart of his claim; Stepanian had opportunities to explain but offered unsatisfactory explanations.
- The BIA denied withholding and CAT relief (finding evidence did not show likely torture in Armenia) and rejected motions to reopen and reconsider as untimely.
- The Ninth Circuit affirmed most rulings but held the BIA did not follow the required framework for a deliberate-fabrication (frivolous) finding and remanded that issue for further consideration.
Issues
| Issue | Stepanian's Argument | Government's Argument | Held |
|---|---|---|---|
| Denial of asylum based on credibility | Testimony and evidence established fear of persecution; inconsistencies were explainable | Inconsistencies (Armenian passport/ residence, family location) defeat credibility and asylum claim | Court: BIA decision supported by substantial evidence; credibility adverse finding upheld |
| Withholding of removal | Entitled if persecution standard met | Withholding requires higher burden; asylum failure forecloses withholding | Court: Failed asylum burden => withholding unavailable; BIA decision affirmed |
| CAT relief (removal to Armenia) | Risk of torture supports CAT relief | Evidence did not show more-likely-than-not torture in Armenia; Iran evidence irrelevant | Court: Record does not compel CAT relief; denial affirmed |
| Frivolous asylum application (deliberate fabrication) | BIA erred by not following required framework and making specific findings | BIA provided notice and opportunity but failed to make explicit deliberate-fabrication findings or incorporate credibility findings | Court: Grant in part; remand to BIA because framework requirements were not satisfied |
Key Cases Cited
- INS v. Elias-Zacarias, 502 U.S. 478 (1992) (standard for overturning BIA asylum denial and credibility review)
- Guo v. Ashcroft, 361 F.3d 1194 (9th Cir. 2004) (requirement for specific, cogent reasons for disbelief)
- Wang v. INS, 352 F.3d 1250 (9th Cir. 2003) (credibility and corroboration principles)
- Rizk v. Holder, 629 F.3d 1083 (9th Cir. 2011) (adverse-credibility findings and material inconsistencies)
- Wakkary v. Holder, 558 F.3d 1049 (9th Cir. 2009) (CAT claim standards and relevance of country of removal)
- Yan Liu v. Holder, 640 F.3d 918 (9th Cir. 2011) (procedural protections for deliberate-fabrication findings)
- Fernandes v. Holder, 619 F.3d 1069 (9th Cir. 2010) (framework for frivolous-asylum determination)