Omar

Omar v. Ashcroft

Good Law
94 F. App'x 615
United States Court of Appeals for the Ninth CircuitApril 9, 2004No. 03-70042California1,562 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Mohammed Moussa Omar (“Omar”) appeals the Board of Immigra *616 tion Appeals’ (“BIA’s”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 . We affirm the BIA’s order of removal.

Because the facts are known to the parties we do not repeat them here.

We review the BIA’s findings for support by substantial evidence. Andriasian v. INS, 180 F.3d 1033, 1040 (9th Cir.1999). The BIA’s findings of fact are conclusive unless the evidence would compel any reasonable adjudicator to reach a contrary result. 8 U.S.C. § 1252 (b)(4)(B). Where, as here, the BIA affirms the IJ’s decision in summary fashion, we review the IJ’s ruling directly. He v. Ashcroft, 328 F.3d 593, 595-96 (9th Cir.2003).

The IJ denied Omar’s application solely on the basis of an adverse credibility finding. Under the substantial evidence standard, the IJ “must have a legitimate articulable basis to question the petitioner’s credibility, and must offer a specific, cogent reason for any stated disbelief.” Hartooni v. INS, 21 F.3d 336, 342 (9th Cir.1994). The reasons the IJ sets forth for…

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