Bassem

Bassem v. Gonzales

Good Law
143 F. App'x 885
United States Court of Appeals for the Ninth CircuitSeptember 20, 2005No. 03-71884California301 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Mahasn Bassem applied for asylum, withholding of removal, and relief under the Convention Against Torture. The immigration judge denied his application based on an adverse credibility finding, which the BIA affirmed. Bassem now petitions for review.

The panel reviews the IJ’s denial of the petition for substantial evidence. Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000). Bassem’s testimony contained a material inconsistency as to the number of times he claims he was electrically shocked by the Syrian government. In his application for asylum, he stated that he received electrical shocks three-times per week during his incarceration. During his testimony before the IJ, he stated he received electrical shocks three-times over his two-month incarceration, a statement he repeated upon the IJ’s clarification. This inconsistency goes to the heart of Bassem’s asylum application. It is, therefore, material and as a result, the adverse credibility finding by the IJ was supported by substantial evidence.

Bassem also filed a motion to stay voluntary departure. This motion is moot because it is treated as being included within his prior motion to stay…

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