Parhar

Parhar v. Ashcroft

Good Law
116 F. App'x 129
United States Court of Appeals for the Ninth CircuitNovember 23, 2004No. 03-73112California497 words

Opinion

Lead Opinion

MEMORANDUM **

Roshan Singh Parhar, a native and citizen of India, petitions for review of the Board of Immigration Appeals (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal and relief pursuant to the Convention Against Torture (“CAT”). Because the BIA adopted the IJ’s decision and also gave reasons of its own, we review both the BIA’s decision and the IJ’s decision. See Molinar-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002). We dismiss in part and grant in part the petition for review and remand for further proceedings.

We lack jurisdiction to review the IJ’s determination that Parhar failed to show he filed for asylum within one year of entering the United States. See 8 U.S.C. §§ 1158 (a)(2)(B), (a)(3); Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001).

We have jurisdiction under 8 U.S.C. § 1252 to review the adverse credibility finding underlying the IJ’s denial of *131 withholding of removal and CAT relief. We review for substantial evidence. See Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). The IJ relied, in part, on the fact that Parhar’s father failed to mention in his affidavit that he was arrested…

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