Budzan

Budzan v. Ashcroft

Good Law
102 F. App'x 107
United States Court of Appeals for the Ninth CircuitJune 29, 2004No. 03-70961California364 words

Opinion

Lead Opinion

MEMORANDUM **

Mykola Budzan, a native and citizen of the Ukraine, petitions for review of the *108 Board of Immigration Appeals’ summary affirmance of an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility finding and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. See Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We deny the petition.

Substantial evidence supports the IJ’s adverse credibility finding because petitioner’s testimony was both inconsistent with his interview before the asylum officer and in his asylum application, and contained implausibilities. Because the factual discrepancies went to the heart of his asylum claim, substantial evidence supports the denial of asylum. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). It follows that Budzan did not satisfy the more stringent standard for withholding of removal. See Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000).

Additionally, substantial evidence supports the IJ’s denial…

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