Dzmitry Dauksh v. Eric Holder, Jr.

Good Law
607 F. App'x 640
United States Court of Appeals for the Ninth CircuitApril 14, 201512-70726California904 words

Opinion

Opinion

MEMORANDUM

Petitioner Dzmitry Sergeyevich Dauksh (“Dauksh”), a citizen of Belarus, petitions for review of the Board of Immigration of Appeals’ (“BIA”) denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). He also petitions for review of the BIA’s denial of his motion remand to the Immigration Judge (“IJ”). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

1. The IJ and BIA’s adverse credibility findings are supported by substantial evidence. See 8 U.S.C. § 1158 (b)(1)(B). Dauksh admitted that his application for asylum omitted the “most important reasons” for his purported per secution, including his allegation that his apartment had been confiscated. He further admitted that the address listed on a government report did not match the address listed on his asylum application; and that there were discrepancies between his sworn statements describing events after his concert on May 25, 2008. The BIA was not compelled to credit his unsubstantiated explanations for these discrepancies. Furthermore, the BIA did not err in considering the implausibility of Dauksh’s inability to depart Belarus…

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