Chambi

Chambi v. Ashcroft

Good Law
103 F. App'x 103
United States Court of Appeals for the Ninth CircuitJune 18, 2004No. 02-74237, A77-850-415California351 words

Opinion

Lead Opinion

MEMORANDUM **

William Santiago Misme Chambi, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal and relief under the Convention Against Torture (the “Convention”). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

Substantial evidence supports the IJ’s adverse credibility finding because Misme Chambi’s testimony was both internally inconsistent and inconsistent with his asylum application and supporting documentation. Since these 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). Substantial evidence also supports the IJ’s conclusion that, even assuming that Misme Chambi was credible, he still failed to establish past persecution or a well-founded fear of future persecution on account of an enumerated ground. See INS v. Elias-Zacarias, 502 U.S. 478, 483 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

Because Misme Chambi failed to establish eligibility for asylum, he necessarily failed to meet…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.