Al Shoja v. Holder

Good Law
449 F. App'x 604
United States Court of Appeals for the Ninth CircuitSeptember 6, 201107-74261California395 words

Opinion

Opinion

MEMORANDUM

Petitioner Nagih Al Shoja (Al Shoja) petitions this court for review of a Board of Immigration Appeals’ (BIA) decision affirming the immigration judge’s (IJ) denial of his requests for asylum, withholding of removal, and relief pursuant to the Convention Against Torture (CAT). A1 Shoja also challenges the BIA’s denial of his motion to reopen premised on ineffective assistance of counsel, and the denial of cancellation of removal and voluntary departure.

1. Substantial evidence supported the BIA’s denial of A1 Shoja’s requests for asylum and withholding of removal based on its adverse credibility determination, as there were numerous material inconsistencies between A1 Shoja’s applications and his testimony. See Rizk v. Holder, 629 F.3d 1083, 1088 (9th Cir.2011) (“Major inconsistencies on issues material to the alien’s claim of persecution constitute substantial evidence supporting an adverse credibility determination (citation omitted); see also Don v. Gonzales, 476 F.3d 738, 742-45 (9th Cir.2007).

2. Substantial evidence supported the BIA’s denial of A1 Shoja’s CAT claim given its adverse credibility determination and A1 Shoja’s failure to present any evidence…

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