Khan

Khan v. Immigration & Naturalization Service

Good Law
13 F. App'x 559
United States Court of Appeals for the Ninth CircuitJune 27, 2001No. 00-70270; INS No. A70-784-657California390 words

Opinion

Lead Opinion

MEMORANDUM *

Badal Hossain Khan appeals the Board of Immigration Appeals’ (BIA) denial of his request for asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § 1105a(a) (1994). The BIA adopted the Immigration Judge’s (IJ) adverse credibility determination, so we look through the BIA’s decision and review the IJ’s decision for substantial evidence. See Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir.1999).

Khan contends that: (1) the IJ violated his due process rights by “play[ing] the role of the INS Trial Attorney” and not ordering a country conditions report; (2) the IJ made an adverse credibility determination without substantial evidence; and (3) he has a well-founded fear of persecution in Bangladesh. We address each issue as follows:

*560 (1) We lack jurisdiction to consider Khan’s due process arguments because he did not raise the issue with the BIA. See Rashtabadi v. INS, 23 F.3d 1562, 1567 (9th Cir.1994) (concluding the exhaustion requirement applies to due process claims that were correctable by the BIA).

(2) We vacate the IJ’s adverse credibility determination, however, because substantial evidence -does not support the bases for that ruling.…

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