Bhandari

Bhandari v. Gonzales

Good Law
130 F. App'x 894
United States Court of Appeals for the Ninth CircuitMay 12, 2005No. 03-74435; Agency No. A95-294-311California318 words

Opinion

Lead Opinion

MEMORANDUM ***

Sunil Bhandari, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the BIA’s adverse credibility finding. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). We deny the petition for review.

Although not all the reasons cited by the IJ support the credibility finding, “[s]o long as one of the identified grounds is supported by substantial evidence and goes to the heart of [a petitioner’s] claim of persecution, we are bound to accept the IJ’s adverse credibility finding.” Wang v. INS, 352 F.3d 1250, 1259 (9th Cir.2003). We conclude that inconsistencies between Bhandari’s testimony and his declaration regarding the identity of the individuals who vandalized his store, inconsistencies in his testimony regarding whether his wife was threatened, and inconsistencies in his account of the physical attacks support the adverse credibility determination. The discrepancies concern the basis for his fear of persecution and thus go to…

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