Hryhil

Hryhil v. Gonzales

Good Law
148 F. App'x 646
United States Court of Appeals for the Ninth CircuitOctober 28, 2005No. 04-73117California351 words

Opinion

Lead Opinion

MEMORANDUM **

Yosyp Hryhil, a native and citizen of the Ukraine, petitions for review of the Board of Immigration Appeals’ decision affirming the Immigration Judge’s (“IJ”) denial of his applications for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility finding and will uphold the IJ’s decision unless the evidence compels a contrary conclusion. Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003). We deny the petition for review.

We conclude that substantial evidence supports the IJ’s decision because Hryhil’s testimony was inconsistent with documents that he submitted regarding whether or not his family had ever been threatened by police. See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004) (inconsistencies that go to the heart of petitioner’s claim form a proper basis for an adverse credibility determination). Moreover, Hryhil’s testimony was inconsistent with his asylum application concerning the details of the first incident in which he contends he was beaten by police, including whether he was in fact arrested, and the…

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