Saleh

Saleh v. Ashcroft

Good Law
110 F. App'x 821
United States Court of Appeals for the Ninth CircuitOctober 6, 2004No. 03-71540; Agency No. A75-566-864California382 words

Opinion

Lead Opinion

MEMORANDUM **

Yasser Saleh, a native and citizen of Syria, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

We lack jurisdiction to review the IJ’s determination that Saleh failed to file his asylum application within one year of his arrival in the United States. See Hakeem v. INS, 273 F.3d 812, 815 (9th Cir. 2001). Accordingly, we dismiss Saleh’s petition for review with respect to his asylum claim. See id.

We have jurisdiction pursuant to 8 U.S.C. § 1252 to review the IJ’s denial of withholding of removal. Id. at 816 . We review under the substantial evidence standard, and must uphold the IJ’s decision unless the evidence compels a reasonable factfinder to reach a contrary result. Id. Because the IJ conceded he was not making an adverse credibility determination, we presume Saleh’s testimony to be credible. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 662 (9th Cir.2002).

Substantial evidence supports the IJ’s determination that Saleh failed to demonstrate “that it is more…

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