Goharian

Goharian v. Gonzales

Good Law
124 F. App'x 565
United States Court of Appeals for the Ninth CircuitMarch 14, 2005No. 03-71851California360 words

Opinion

Lead Opinion

MEMORANDUM ***

Hossein Kafshdar Goharian, a native and citizen of Iran, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the immigration judge’s (“IJ”) denial of asylum, withholding of removal, and relief under the Convention Against Torture. 1 We have jurisdiction under 8 U.S.C. § 1252 (a)(1), and we deny the petition. Because the parties are familiar with the facts, we do not recount them here.

Substantial evidence supports the IJ’s finding that Goharian lacked credibility. 2 Goharian’s visit to Bulgaria and return to Iran in 1997, before finally leaving three years later, contradicted his testimony regarding his inability to leave Iran before 2000 and his fear of persecution. Additionally, his failure to be immediately forthright in disclosing his trip to Bulgaria suggests that he may have consciously been trying to conceal the existence of the trip. These inconsistencies were not minor, and went to the heart of his claim. 3 Goharian did not present corroborating evidence to overcome the adverse credibility determination. 4 Thus, substantial evidence supports the IJ’s finding of adverse credibility, and we are not compelled to…

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