Csutai

Csutai v. Gonzales

Good Law
134 F. App'x 218
United States Court of Appeals for the Ninth CircuitJune 17, 2005No. 04-72938; Agency No. A72-534-044California234 words

Opinion

Lead Opinion

MEMORANDUM ***

Istvan Csutai, a native and citizen of Hungary, petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility determination, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition.

Substantial evidence supports the BIA’s adverse credibility finding. The BIA offered specific, cogent reasons for the decision based on inconsistencies between petitioner’s testimony, asylum application, and documentary evidence, including with regard to his arrests and injuries. See id. at 1043 ; Singh-Kaur v. INS, 183 F.3d 1147, 1151-53 (9th Cir.1999).

Because petitioner failed to demonstrate that he is eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

In addition, substantial evidence supports the denial of relief under CAT. See id. at 1157 .

The voluntary departure period…

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