Thano

Thano v. Gonzales

Good Law
150 F. App'x 670
United States Court of Appeals for the Ninth CircuitOctober 6, 2005No. 03-72502California739 words

Opinion

Lead Opinion

MEMORANDUM *

Agron Thano (Thano), a native and citizen of Albania, petitions for review of the Board of Immigration Appeals’ (BIA) decision summarily affirming the immigration judge’s (IJ) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 (a). When, as here, the BIA summarily affirms the IJ’s decision without opinion, the IJ’s decision constitutes the final agency determination. Halaim v. INS, 358 F.3d 1128, 1131 (9th Cir.2004). We review the IJ’s findings for substantial evidence. Id. Having carefully considered Thano’s petition for review, we deny it.

We agree with Thano that the IJ’s concern that Thano “may have embellished his testimony” is not an explicit adverse credibility finding. See Kataria v. INS, 232 F.3d 1107, 1114 (9th Cir.2000). Such an implicit credibility observation is not permitted. Mansour v. Ashcroft, 390 F.3d 667, 671-72 (9th Cir.2004). Further, even if the IJ’s statement were treated as an express adverse credibility finding, that finding is not supported by sufficiently specific and cogent reasons. See Gui v. INS, 280 F.3d 1217, 1225 (9th…

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