Lil Biswakarma v. Eric Holder, Jr.

Good Law
583 F. App'x 638
United States Court of Appeals for the Ninth CircuitJuly 15, 201411-73684California821 words

Opinion

Opinion

MEMORANDUM

Lil Biswakarma appeals the denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. Unexplained inconsistencies and omissions were the basis of an adverse credibility finding. In the absence of credible testimony, the remaining evidence was found to be insufficient to establish eligibility for relief from removal based on Biswakarma’s caste or his political opinion. The Board of Immigration Appeals (“Board”) reviewed the immigra tion judge’s (“IJ”) findings of fact and conclusions of law and affirmed the judgment.

We have jurisdiction over this appeal under 8 U.S.C. § 1252 and review the Board’s decision for substantial evidence. See Singh v. Ashcroft, 862 F.3d 1164, 1168 (9th Cir.2004). The judgment of the Board is supported by substantial evidence, therefore we deny the petition.

An adverse credibility finding can be based on “any relevant factor that, considered in light of the totality of the circumstances, can reasonably be said to have a bearing on a petitioner’s veracity.” Ren v. Holder, 648 F.3d 1079, 1084 (9th Cir.2011) (internal quotation marks omitted). “Major inconsistencies on issues material to the…

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