Patel

Patel v. Ashcroft

Good Law
94 F. App'x 644
United States Court of Appeals for the Ninth CircuitApril 15, 2004No. 02-73213California269 words

Opinion

Lead Opinion

MEMORANDUM **

Deepakkumar Amrutlal Patel, a native and citizen of India, petitions for review of *645 a Board of Immigration Appeals decision summarily affirming the immigration judge’s (“IJ”) denial of his application for asylum and withholding of deportation. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We review for substantial evidence credibility findings, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s adverse credibility finding based on the inconsistencies between Patel’s testimony and his written declaration and asylum application. See Berroteran-Melendez v. INS, 955 F.2d 1251, 1256-57 (9th Cir.1992) (upholding IJ’s finding that petitioner not credible when his testimony and application gave differing accounts of past persecution and was lacking in detail). These inconsistencies went to the heart of his asylum claim, see Chebchoub, 257 F.3d at 1043 , and, therefore, the record does not compel the conclusion that Patel’s testimony was credible, see Singh v. INS, 134…

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