Khan

Khan v. Ashcroft

Good Law
120 F. App'x 141
United States Court of Appeals for the Ninth CircuitJanuary 14, 2005No. 04-70400California343 words

Opinion

Lead Opinion

MEMORANDUM **

Ansar Khan, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ order affirming the immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence a finding of adverse credibility, Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), and we deny the petition.

Substantial evidence supports the IJ’s adverse credibility determination because the IJ cited material inconsistencies within Khan’s testimony and between his testimony and application regarding the date and length of his third arrest and detention; these discrepancies directly relate to the basis for Khan’s alleged fear of persecution and thus go to the heart of his asylum claim. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). Our review of the record does not compel a contrary conclusion. See id. at 1045 .

Because Khan failed to show that he was eligible for asylum, he necessarily fails to meet the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156…

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