Dewan

Dewan v. Gonzales

Good Law
123 F. App'x 333
United States Court of Appeals for the Ninth CircuitMarch 1, 2005No. 03-70169California380 words

Opinion

Lead Opinion

MEMORANDUM ***

Arvind Dewan petitions for review from a final order of removal. The Board of Immigration Appeals (“BIA”) summarily affirmed the opinion of an Immigration Judge (“IJ”), denying Dewan’s application for political asylum, withholding of removal, and relief under the Convention Against Torture. The BIA summarily affirmed the IJ’s decision finding Dewan not credible and also finding, even taking Dewan’s testimony as true, he had not demonstrated past persecution. We deny the petition for review.

We review the IJ’s decision for substantial evidence, because the BIA affirmed without opinion. See Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir.2004). A decision that an asylum applicant is not credible must be made on “an individualized basis” with specific reasons for disbelief. Bandari v. INS, 227 F.3d 1160, 1165 (9th Cir.2000). There were no such reasons in the IJ’s decision. Although he found Dewan’s demeanor credible and his story generally consistent, the IJ characterized his testimony as “implausible” and “lacking the ring of truth.” The IJ gave no individualized reasons why he found Dewan’s story implausible, and without any specific reasons for disbelief the…

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.