Qarana
Qarana v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Johny Qarana petitions for review of an immigration judge’s decision denying asylum, withholding of removal, and protection under the Convention Against Torture. The immigration judge (IJ) held that Qarana failed to credibly establish his identity and his reasons for seeking asylum in the United States. The BIA affirmed without issuing its own opinion.
“Where the BIA adopts the findings and reasoning of the IJ, this court reviews the decision of the IJ as if it were that of the BIA.” Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). The BIA’s decision that an alien has not established eligibility for asylum is reviewed under the substantial evidence standard, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), as is an adverse credibility determination, He v. Ashcroft, 328 F.3d 593, 595 (9th Cir.2003). “Where the BIA provides a specific, cogent reason for questioning a petitioner’s credibility, the petitioner must show that the evidence compelled a contrary conclusion in order to overcome the special deference accorded to the BIA’s credibility determinations.” Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003) (emphasis omitted).