Abeysekera Gamaarchchige Anura v. Ashcroft

Good Law
93 F. App'x 155
United States Court of Appeals for the Ninth CircuitMarch 23, 2004No. 02-73482; Agency No. A75-686-604California596 words

Opinion

Lead Opinion

MEMORANDUM **

Abeysekera Gamaarchchige Anura (“Anura”), a native and citizen of Sri Lanka, petitions for review from the decision of the Board of Immigration Appeals (“BIA”) which summarily affirmed without opinion the denial by the Immigration Judge (“IJ”) of petitioner’s application for asylum and withholding of removal and claim under *156 the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 (a) and review the decision of the IJ. See 8 C.F.R. § 1003.1 (a)(7); Falcon Carriche v. Ashcroft, 350 F.3d 845, 851 (9th Cir.2003). We review the IJ’s adverse credibility determination for substantial evidence and will uphold the findings unless the evidence presented would compel a reasonable finder of fact to reach the contrary result. INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). The IJ must articulate a legitimate basis to question the applicant’s credibility and must offer specific and cogent reasons for any stated disbelief. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). We deny the petition.

The IJ’s credibility determination, based on inconsistencies regarding significant elements of Anura’s testimony and the documents…

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