Kadri

Kadri v. Immigration & Naturalization Service

Good Law
80 F. App'x 14
United States Court of Appeals for the Ninth CircuitOctober 22, 2003No. 02-72553; Agency No. A73-425-323California495 words

Opinion

Lead Opinion

MEMORANDUM ***

Shakil Ahemad M. Kadri petitions for review of the Board of Immigration Appeal’s (“BIA”) decision affirming the immigration judge’s (“IJ”) order denying his application for asylum and withholding of removal. Kadri also challenges the BIA’s denial of his motion to remand to the IJ so that he could file a claim for withholding of removal under the Convention Against *16 Torture (“CAT”). 8 C.F.R. § 208.18 . We have jurisdiction under 8 U.S.C. § 1105a(a) and we grant the petition in part.

The BIA and IJ denied asylum and withholding of removal under 8 U.S.C. § 1231 (b)(3) on the basis of an adverse credibility determination. We must affirm the BIA’s adverse credibility finding if it is supported by substantial evidence. Vilorio-Lopez v. INS, 852 F.2d 1137, 1141 (9th Cir.1988). Here, substantial evidence supported the BIA’s decision. Kadri’s testimony was inconsistent regarding the death of Habib Ghori, his involvement in the Muslim League, and the frequency of his contact with the police at the police station. Additionally, the findings and testimony of the document analyst raised serious questions about the authenticity of Kadri’s character letters. These…

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