Houshmand-Nejad
Houshmand-Nejad v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Parvin Houshmand-Nejad, a citizen of Iran, petitions for review of a final order of removal by the Board of Immigration Appeals (“BIA”).
1. We must uphold the BIA’s factual and credibility findings so long as they are supported by substantial evidence in the record. Monjaraz-Munoz v. INS, 327 F.3d 892, 895 (9th Cir.2003).
The BIA adopted the immigration judge’s (“IJ”) finding that Petitioner was not credible. That finding is supported by substantial evidence.
Petitioner and her ex-husband Donald Schuman told inconsistent and irreconcilable stories regarding their marriage. In finding Schuman to be credible and Petitioner to be not credible, the IJ listed five *805 reasons: (1) Schuman’s demeanor indicated truthfulness; (2) Schuman’s story was more believable; (3) Petitioner’s testimony regarding her Turkish marriage, and her lack of an adequate explanation for her failure to include its existence in her visa application, indicated a lack of credibility; (4) Petitioner testified inconsistently regarding her father; and (5) Petitioner had motive to lie, while Schuman did not. We have serious doubts about the last reason, because Schuman’s letters suggest that he…