Enikeev

Enikeev v. Holder

Good Law
425 F. App'x 588
United States Court of Appeals for the Ninth CircuitMarch 29, 201107-71731California407 words

Opinion

Opinion

MEMORANDUM

Petitioner Anvar Makhmudovich Eni-keev, a citizen of Uzbekistan, petitions for review of a Board of Immigration Appeals (BIA) decision denying his petition for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Because the parties are familiar with the factual and procedural history of this ease, we do not recount additional facts except as necessary to explain’ the decision. We deny the petition.

Substantial evidence supports the adverse credibility determination. Where, as here, “an adverse credibility determination ... is based on serious inconsistencies in the applicant’s testimony that go to the heart of his application,” we will uphold that determination. Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003).

Substantial evidence also supports the BIA’s determination that Enikeev was not persecuted on account of a protected ground. “[A]n asylum seeker claiming to be a victim of persecution on account of his or her political opinion must establish, by evidence,” inter alia, that any “persecution of the victim has been or -will be on account of this opinion.” Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997). Enikeev…

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