El-Himri
El-Himri v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM **
Khaled El-Himri, a Palestinian refugee ordered deported to Jordan, petitions for *32 review of a final order of the Bureau of Immigration Appeals (“BIA”), which affirmed the Immigration Judge’s (“U’s”) denial of his applications for asylum, withholding of deportation, relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”), and voluntary departure. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny in part and grant in part the petition.
We review the BIA’s credibility determination “under a substantial evidence standard.” See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 658 (9th Cir.2003). Therefore the BIA’s decision to deny El-Himri’s applications for asylum, withholding of deportation and voluntary departure, which was based on an adverse credibility finding, must be upheld “ ‘unless the evidence presented compels a reasonable factfinder to reach a contrary result.’ ” De Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997) (internal citations omitted).
The BIA based its adverse credibility finding on numerous material inconsistencies and omissions in El-Himri’s testimony that…