Khamets

Khamets v. Ashcroft

Good Law
112 F. App'x 601
United States Court of Appeals for the Ninth CircuitOctober 25, 2004No. 03-72365; Agency No. A75-701-123California290 words

Opinion

Lead Opinion

MEMORANDUM **

Vitali Khamets, a native and citizen of Belarus, petitions for review of an order of the Board of Immigration Appeals summarily affirming an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 (a), and we review for substantial evidence. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). We deny the petition for review.

The IJ made an adverse credibility finding because Khamets’ claim was implausible and because he failed to corroborate his testimony. The IJ found it particularly implausible that the authorities would release Khamets — a low-level activist — from custody and then engage “ingenious” means to poison him, when the State Department Country Report indicated that the authorities acted harshly and directly against even prominent individuals while they were in custody. The IJ found that Khamets did not corroborate his testimony with any evidence relating to his alleged political activism, his dismissal from the university, or his poisoning by a military doctor. Khamets has not shown that the record compels reversal of the…

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