Maisari

Maisari v. Gonzales

Good Law
144 F. App'x 689
United States Court of Appeals for the Ninth CircuitSeptember 23, 2005No. 04-72906California234 words

Opinion

Lead Opinion

MEMORANDUM **

Nabil Maisari, a native and citizen of Yemen, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the immigration judge’s (“IJ”) denial of his applications for asylum and withholding of removal. 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 deny the petition.

Substantial evidence supports the IJ’s adverse credibility finding because Maisari’s testimony regarding his detention and his co-worker was inconsistent, lacked specificity, and went to the heart of his asylum claim. See id. at 1043 ; see also Singh-Kaur v. INS, 183 F.3d 1147, 1153 (9th Cir.1999). Accordingly, he is not eligible for asylum. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Maisari failed to demonstrate that he was eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See id.

Although both parties make contentions regarding relief under the Convention Against Torture (“CAT”), our review reveals the agency did not address any claim for relief under CAT.…

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