Montazer
Montazer v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Houman Montazer, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an Immigration Judge’s (“IJ”) order denying his applications for asylum, withholding of deportation, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to former 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). Reviewing for substantial evidence, see Melkonian v. Ashcroft, 320 F.3d 1061,1065 (9th Cir.2003), we deny the petition.
Montazer first challenges the IJ’s partial adverse credibility determination. The BIA, however, did not address Montazer’s credibility. Where the BIA is silent as to credibility, but has fully explained the rationale behind its decision, we assume that the BIA found the applicant to be credible, and review the BIA’s decision. Maldonado-Cruz v. INS, 883 F.2d 788, 792 (9th Cir.1989).
Montazer next challenges the BIA’s conclusion that he did not establish his father’s political opinion would be imputed to him, and he would be persecuted on that ground, were he to return to Iran. While past persecution of family members can be evidence of…