Hasan

Hasan v. Ashcroft

Good Law
112 F. App'x 594
United States Court of Appeals for the Ninth CircuitOctober 22, 2004No. 02-73781California308 words

Opinion

Lead Opinion

MEMORANDUM ***

Issam Abdallah Hasan, a native and citizen of Yemen, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming the Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

Hasan challenges the IJ’s adverse credibility determination. The IJ identified specific, cogent reasons for questioning Hasan’s credibility, including discrepancies between Hasan’s asylum application and testimony relating to the source and extent of Hasan’s persecution and fear of future persecution. Because these discrepancies go to the heart of Hasan’s asylum claim, the IJ’s adverse credibility determination is supported by substantial evidence. See Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003).

By failing to qualify for asylum, Hasan necessarily fails to satisfy the more stringent standard for withholding of removal. Id. at 993 .

Because Hasan failed to exhaust his administrative remedies as to any claim under the Convention Against Torture, we dismiss the petition with regard to that claim. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th…

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