Mousavi

Mousavi v. Ashcroft

Good Law
94 F. App'x 505
United States Court of Appeals for the Ninth CircuitMarch 29, 2004No. 02-73921California870 words

Opinion

Lead Opinion

MEMORANDUM *

Seyed Abbas Mousavi petitions for review of the Board of Immigration Appeals’ (“BIA’s”) summary decision upholding the Immigration Judge’s (“IJ’s”) decision, which denied petitioner’s application for asylum and withholding of removal, and granted his request for voluntary departure. Petitioner contests only the denial of asylum on appeal.

Because the parties are familiar with the facts, we will not recite them here.

We review the BIA’s order under the substantial evidence standard. See Andriasian v. INS, 180 F.3d 1033, 1040 (9th Cir.1999). We generally review only the BIA’s decision, but where, as here, the BIA affirms the IJ’s decision without issuing an opinion, the court reviews the IJ’s ruling. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We must uphold the IJ’s decision unless the evidence would compel a reasonable adjudicator to reach a contrary result. See 8 U.S.C. § 1252 (b)(4)(B). Findings of fact, including negative credibility findings, will be sustained if they are supported by “reasonable, substantial, and probative evidence in the record.” Melkonian v. Ashcroft, 320 F.3d 1061, 1065 (9th Cir.2003). Deference is given to the IJ’s…

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