Shah

Shah v. Holder

Good Law
464 F. App'x 560
United States Court of Appeals for the Ninth CircuitDecember 22, 201107-75069California390 words

Opinion

Opinion

MEMORANDUM

Yusuf Shah, a native and citizen of India, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“U”) decision to deny Shah’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Shah contends that the BIA’s adverse credibility determination was not based on substantial evidence, and that the BIA erred in dismissing his asylum claim as untimely because he had demonstrated extraordinary circumstances excusing his delay. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

The BIA correctly held that Shah’s asylum claim was time-barred. Shah applied for asylum more than one year after his last entry into the United States and has not demonstrated any extraordinary circumstances justifying his delay. 8 U.S.C. § 1158 (a)(2)(B),(D).

We review a finding of adverse credibility for substantial evidence. Wang v. INS, 352 F.3d 1250, 1253 (9th Cir.2003). An adverse credibility determination will be upheld on review unless “any reasonable adjudicator would be compelled to conclude to the contrary.” Antonyan v. Holder, 642 F.3d 1250, 1254 (9th…

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