Murugamoorthy

Murugamoorthy v. Ashcroft

Good Law
90 F. App'x 260
United States Court of Appeals for the Ninth CircuitMarch 16, 2004No. 02-71726; Agency No. A79-144-415California479 words

Opinion

Lead Opinion

MEMORANDUM **

This is a streamlined case in which we review the decision of the immigration judge (“IJ”). 1 Under INS v. Elias-Zacarias 2 and Ghebllawi v. INS 3 we review *261 the entire administrative record to see if substantial evidence supports the IJ’s adverse credibility finding. 4 We may only reverse the IJ in favor of the petitioner if “the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution,” or the requisite probability of persecution or torture upon removal.

Sasikumar Murugamoorthy, a 22-year-old male Tamil, alleged at his asylum hearing that he had been arrested and beaten three times by the Sri Lankan army for his suspected connections with the Liberation Tigers of Tamil Eelam, or the Tamil Tigers. The testimony at the hearing did not comport with the statement Murugamoorthy gave at the Honolulu airport, where he attempted to enter the United States, or with the letter his uncle wrote in support of Murgamoorthy’s asylum application. The airport statement and the unde’s statement, because they are inconsistent Murugamoorthy’s testimony, amount to substantial evidence that supports the IJ’s…

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