Ali

Ali v. Holder

Good Law
402 F. App'x 262
United States Court of Appeals for the Ninth CircuitNovember 1, 2010Nos. 07-70672, 07-72354California533 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions for review, Mohammed Sukar Ali, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”), and denying his motion to remand (No. 07-70672), and of the BIA’s order denying his motion to reopen (No. 07-72354). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility determination, Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). We review for abuse of discretion the denial of a motion to remand, Rodriguez v. INS, 841 F.2d 865, 867 (9th Cir.1987), and the denial of a motion to reopen, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review in No. 07-70672. We deny the petition for review in No. 07-72354.

Even if Ali had timely filed his asylum application, substantial evidence supports the agency’s adverse credibility determination because Ali’s asylum application omitted the riverside attempt on his…

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