Hamid Davoodi v. Immigration & Naturalization Service

24 F.3d 245 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hamid DAVOODI, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 92-70790. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1994. * Decided May 12, 1994. 1 Before: KOZINSKI and TROTT, Circuit Judges, and LEVI, District Judge. ** 2 MEMORANDUM *** 3 Hamid Davoodi seeks review of the Board of Immigration Appeal's ("BIA") final order denying him asylum and withholding of deportation. Davoodi concedes deportability but argues he is eligible for asylum and withholding of deportation under 8 U.S.C. Sec. 1158 (a) and Sec. 1253(h)(1). The Immigration Judge ("IJ") denied such relief primarily because it found Davoodi's testimony not credible. The BIA affirmed. Davoodi argues that the BIA's decision is not supported by substantial evidence and that the IJ's credibility determination was in error. 4 The BIA's determination that a petitioner is not eligible for asylum "must be upheld if…