Nazi

Nazi v. Ashcroft

Good Law
112 F. App'x 627
United States Court of Appeals for the Ninth CircuitNovember 3, 2004No. 03-70633; Agency Nos. A75-535-836, A76-715-598California285 words

Opinion

Lead Opinion

MEMORANDUM *

Ali Asghar Nazi (Nazi) and his daughter Asal Nazi, natives and citizens of Iran, petition for review of the Board of Immi *628 gration Appeals’ summary affirmance without opinion of an Immigration Judge’s (IJ) denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT) on the basis of an adverse credibility determination. We review the IJ’s adverse credibility determination for substantial evidence. Monjaraz-Munoz v. I.N.S., 827 F.3d 892, 895 (9th Cir.2003). We may reverse only if a contrary finding is compelled. I.N.S. v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992).

The IJ’s adverse credibility determination was supported by substantial evidence. The IJ based his determination on the discrepancy in petitioner’s recollection of the number of times he was arrested, and the military promotions awarded to petitioner despite his claim that he was considered a traitor. On this record, we cannot say that a fact finder would be compelled to credit petitioner’s testimony. Accordingly, Nazi failed to establish eligibility for asylum and withholding of removal. See Farah v. Ashcroft, 348…

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