Kadric

Kadric v. Ashcroft

Good Law
93 F. App'x 137
United States Court of Appeals for the Ninth CircuitMarch 12, 2004No. 02-71998; INS No. A70-531-113California460 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Ragip Kadric, a native of the former Yugoslavia, petitions for review of an order of the Board of Immigration Appeals, affirming without opinion an order of an immigration judge (IJ) denying Petitioner’s applications for asylum and withholding of deportation.

1. Substantial evidence in the record supports the IJ’s finding that Petitioner was not credible. For example, although Petitioner claimed to be a practicing Muslim, and his asylum application claimed persecution on account of his Muslim religion, he was unable to name the Muslim sect to which he belonged or the mosque he said he attended. When an applicant claims asylum on the basis of religious persecution, inconsistencies that go to the sincerity of the applicant’s religious beliefs may support an adverse credibility finding. Mejia-Paiz v. INS, 111 F.3d 720 (9th Cir.1997).

2. Substantial evidence supports the IJ’s finding that Petitioner did not suffer past persecution even if he were credible. The receipt of failing grades from Serbian professors, while discriminatory, does not necessarily rise to the level of persecution. Although Petitioner testified that an unidentified group threw rocks…

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