Hannan
Hannan v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Samuel Hannan, a native and citizen of Iraq, petitions for review of the denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT) on the basis of an adverse credibility finding. Because the Board of Immigration Appeals affirmed the decision of the Immigration Judge (IJ) without opinion, we review the IJ’s decision as the final agency determination. See Garcia-Martinez v. Ashcroft, 371 F.3d 1066, 1074 (9th Cir.2004). We have jurisdiction under 8 U.S.C. § 1252 , and we grant the petition in part, deny the petition in part, and remand.
Adverse credibility findings are reviewed for substantial evidence. See Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003). The IJ’s adverse credibility finding is supported by substantial *760 evidence. There are numerous inconsistencies in Hannan’s testimony that, in addition to his non-responsive answers to simple questions regarding his biographical history, undermine his credibility. Moreover, Hannan was unable to answer basic questions regarding his religion.s
By failing to qualify for asylum, Hannan necessarily fails to satisfy the more stringent standard for…