Montazer

Montazer v. Gonzales

Good Law
127 F. App'x 236
United States Court of Appeals for the Ninth CircuitFebruary 11, 2005No. 03-70670; Agency No. A70-184-609California417 words

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…

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.