Kourbanov

Kourbanov v. Ashcroft

Good Law
120 F. App'x 115
United States Court of Appeals for the Ninth CircuitJanuary 13, 2005No. 03-72561California340 words

Opinion

Lead Opinion

MEMORANDUM **

Nassir Nazarovich Kourbanov, a native and citizen of Russia, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility determination, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and de novo due process violation claims, Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir. 2004). We deny the petition.

Substantial evidence supports the IJ’s adverse credibility findings because Kourbanov’s testimony, asylum applications and written statements contain inconsistencies going to the heart of his asylum claim, including inconsistencies regarding any beatings that occurred. See Chebchoub, 257 F.3d at 1043 .

Because Kourbanov failed to demonstrate that he was eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

In addition, substantial evidence supports the agency’s…

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