Ortiz

Ortiz v. Immigration & Naturalization Service

Good Law
33 F. App'x 351
United States Court of Appeals for the Ninth CircuitApril 17, 2002No. 01-71378; INS No. A70-183-428California329 words

Opinion

Lead Opinion

MEMORANDUM **

Carlito M. Ortiz, a native and citizen of the Philippines, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of deportation. The transitional rules apply, so this court has jurisdiction under 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We deny the petition for review.

When the BIA conducts its own review of the record, we review the decision of the BIA and not that of the IJ. Sidhu v. INS, *352 220 F.3d 1085, 1088 (9th Cir.2000). We review for substantial evidence the BIA’s determination that the petitioner has not established eligibility for asylum or withholding, and must uphold the BIA’s decision unless the evidence compels reversal. Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir.2000).

The BIA correctly assumed the truth of Ortiz’s testimony because the IJ did not make an explicit finding that he was untruthful. See Aguilera-Cota, v. U.S. INS, 914 F.2d 1375, 1382-83 (9th Cir.1990). The BIA’s decision is supported by substantial evidence because the record does not compel the…

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