Mustafa

Mustafa v. Ashcroft

Good Law
97 F. App'x 749
United States Court of Appeals for the Ninth CircuitMay 18, 2004No. 02-74523California579 words

Opinion

Lead Opinion

MEMORANDUM *

Ghulam Mustafa, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Reviewing the IJ’s decision, see Falcon Carriche v. Ashcroft, 350 F.3d 845, 851 (9th Cir.2003), we deny the petition for review.

The IJ made an adverse credibility finding against Mustafa. “So long as one of the identified grounds is supported by substantial evidence and goes to the heart of [a petitioner’s] claim of persecution, we are bound to accept the IJ’s adverse credibility finding.” Wang v. INS, 352 F.3d 1250, 1259 (9th Cir.2003).

The IJ found, with regard to Mustafa’s demeanor, that “he became extremely uncomfortable and defensive when asked to provide documents of his parents’ place of birth.” Credibility determinations based on demeanor receive “special deference.” See Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir.1999). This was an appropriate demeanor finding because it speaks to Mustafa’s visible nervousness, a component of his non-verbal communication. See…

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