Kumar

Kumar v. Ashcroft

Good Law
120 F. App'x 178
United States Court of Appeals for the Ninth CircuitJanuary 18, 2005No. 03-74135; Agency No. A78-366-023California405 words

Opinion

Lead Opinion

MEMORANDUM **

Balvinder Baigit Kumar, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which affirmed the Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). ‘Where, as here, the BIA adopts the IJ’s decision while adding its own reasons, we review both decisions.” Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s determination that Kumar’s asylum application is time-barred, and accordingly we dismiss the petition for review as to the asylum claim. See Hakeem v. INS, 273 F.3d 812, 815-16 (9th Cir.2001); 8 U.S.C. § 1158 (a)(3).

We have jurisdiction pursuant to 8 U.S.C. § 1252 over the remaining claims. We review for substantial evidence the IJ and BIA’s decision to deny withholding of removal, Hakeem, 273 F.3d at 816 , and relief under CAT, Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003).

Kumar contends that the IJ erred in denying him withholding of removal be *180 cause his testimony was credible. We disagree.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.