Shahzad Arbani v. Eric Holder, Jr.

MEMORANDUM

1. The BIA properly addressed and denied Arbani’s withholding of removal claim. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). Arbani did not testify credibly, so he was unable to establish eligibility for withholding of removal. Although only one inconsistency is necessary for an adverse credibility finding, the immigration judge (IJ) found Arbani not credible for two different reasons. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). Both reasons go to the heart of the matter, and the IJ’s determinations are supported by substantial evidence. First, the IJ found that Arbani failed to testify credibly in order to establish his identity. See Farah, 348 F.3d at 1156 . Arbani submitted multiple documents with different names, including two genuine passports in two separate names. None of the documents established his identity. Further, the false passport Ar-bani used to gain entry into the United States contained a false United States entry stamp. When confronted with the various inconsistencies in his identity documents, Arbani was not able to adequately explain them.

Second, the IJ found Arbani failed to testify credibly with regard to his role…