Maroke

Maroke v. Immigration & Naturalization Service

Good Law
19 F. App'x 670
United States Court of Appeals for the Ninth CircuitSeptember 24, 2001No. 01-70160; INS No. A71-944-777California442 words

Opinion

Lead Opinion

MEMORANDUM **

Lovejit Singh Maroke, a native and citizen of India, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal of the Immigration Judges’ denial of his application for asylum and withholding of deportation under 8 U.S.C. §§ 1158 (a), 1253(h). Pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), and we therefore have jurisdiction under 8 U.S.C. § 1105a(a), as amended by IIRIRA § 309(c), see Avetova-Elisseva v. INS, 213 F.3d 1192 , 1195 n. 4 (9th Cir.2000). We grant the petition for review.

The BIA conducted its own review of the record. Therefore, we review the BIA’s decision rather than the IJ’s decision. See Surita v. INS, 95 F.3d 814, 819 (9th Cir.1996). Where neither the IJ nor the BIA makes an explicit finding regarding the credibility of the petitioner, we *671 accept the petitioner’s testimony as credible. See Prasad v. INS, 101 F.3d 614, 616 (9th Cir.1996). We review the BIA’s factual determinations for substantial evidence and must uphold them unless the evidence compels a contrary result. See…

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