Baidwan

Baidwan v. Ashcroft

Good Law
89 F. App'x 31
United States Court of Appeals for the Ninth CircuitFebruary 18, 2004No. 02-72643; Agency No. A76-846-017California549 words

Opinion

Lead Opinion

MEMORANDUM **

Gucharan Singh Baidwan, a native and citizen of India, petitions for review of the summary affirmance by the Board of Immigration Appeals of the denial of his application for asylum, 8 U.S.C. § 1158 (a), withholding of removal, 8 U.S.C. § 1231 (b)(3), and relief under the Convention Against Torture, 23 I.L.M. 1027, 1028 (1984) (as implemented by 8 C.F.R. § 208.16 ). As this is a streamlined case, we review the decision of the immigration judge (IJ). 8 C.F.R. § 1003.1 (a)(7). We deny the petition.

We review the IJ’s decision to see if there is substantial evidence to support it. INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). This court may reverse the IJ’s factual findings only if “a reasonable factfinder would be compelled to find the petitioner eligible for the relief sought.” Gomez-Saballos v. INS, 79 F.3d 912 , 914 (9th Cir.1996).

Baidwan argues that his asylum application should be granted because his testimony established persecution. However, the IJ made an adverse credibility determination about Baidwan’s testimony. A credibility finding must be based on specific, cogent reasons. Alvarez-Santos v. INS, 332 F.3d 1245,…

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