Shawkat Ali v. Ashcroft

Good Law
115 F. App'x 399
United States Court of Appeals for the Ninth CircuitDecember 14, 2004Nos. 03-71515California253 words

Opinion

Lead Opinion

MEMORANDUM **

Muhammad Shawkat Ali, and his family, Nahyan Ali, Sayeda Ali, and Faria Ali, natives and citizens of Bangladesh, petition for review of the Board of Immigration Appeals’ (“BIA”) dismissal of their appeal from an Immigration Judge’s decision denying them applications for asylum and withholding of deportation. Because the transitional rules apply, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We review the BIA’s decision for substantial evidence and must uphold it unless the evidence compels a contrary result. Pal v. INS, 204 F.3d 935 , 937 n. 2 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility finding because Mr. Ali’s testimony was internally inconsistent, inconsistent with his application, and contained implausibilities. See Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003). Because some of the factual discrepancies went to the heart of the asylum claim, substantial evidence supports the denial of asylum. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). It follows that the petitioners did not satisfy the more stringent standard for withholding of…

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