Malani

Malani v. Holder

Good Law
537 F. App'x 681
United States Court of Appeals for the Ninth CircuitAugust 7, 201305-73630California362 words

Opinion

Opinion

MEMORANDUM

Añila Malani, a native and citizen of Albania, petitions for review of a decision of the Board of Immigration Appeals adopting and affirming an immigration judge’s denial of her applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

Malani argues that we have jurisdiction to review the Board’s finding that she failed to timely file her asylum application as required by 8 U.S.C. § 1158 (a)(2)(B) because of the immigration judge’s conceded error in finding that she filed her application on July 27, 2002, rather than June 27, 2002, the date stamped on her application. Even were we to hold that we have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(2)(D), and that Malani has met her burden of demonstrating by clear and convincing evidence that she filed her application within one year of her arrival in the United States, Malani’s asylum claim fails on the merits because substantial evidence supports the immigration judge’s adverse credibility finding.

The immigration judge provided “specific cogent reason[s]” for his adverse credibility finding, and Malani has therefore failed to demonstrate that “any reasonable factfinder…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.