Gdaiem

Gdaiem v. Ashcroft

Good Law
31 F. App'x 404
United States Court of Appeals for the Ninth CircuitFebruary 20, 2002No. 00-71204, INS A46-060-765; INS No. A46-060-765California317 words

Opinion

Lead Opinion

MEMORANDUM **

Mohamed Benbedi Gdaiem, a native and citizen of Tunisia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s (“U”) denial of his application for asylum, withholding of removal, and relief under Article 3 of the United Nations Convention Against Torture (“Convention Against Torture”). We have jurisdiction under 8 U.S.C. '§ 1252. We deny the petition.

Gdaiem does not dispute that he was convicted of a crime of domestic violence under California Penal Code § 273.5. Therefore, the IJ properly found that Gdaiem was removable on that basis. See 8 U.S.C. § 1227 (a)(2)(E)®.

We lack jurisdiction to review the BIA’s determination that Gdaiem failed to file his asylum application within one year of his entry into the United States. See Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001).

The BIA’s decision denying withholding of removal and relief under the Convention Against Torture was supported by substantial evidence. Numerous inconsistencies between Gdaiem’s oral testimony and his wife’s testimony support the BIA’s adverse credibility determination. See de Leon-Barrios v. INS, 116 F.3d 391 , 394 (9th…

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