Mohamed

Mohamed v. Gonzales

Good Law
158 F. App'x 30
United States Court of Appeals for the Ninth CircuitDecember 12, 2005No. 04-71787California393 words

Opinion

Lead Opinion

MEMORANDUM **

Jamal Mohamed, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order adopting and affirming 1 an immigration judge’s (“IJ”) order pretermitting his application for asylum and denying his applications for withholding of1 removal and relief under the Convention Against Torture (“CAT”).

We lack jurisdiction to review the BIA’s determination that Mohamed failed to file a timely asylum application and that no extraordinary circumstances excused the untimely filing of his application. See Ramadan v. Gonzales, 427 F.3d 1218, 1222 (9th Cir.2005).

We have jurisdiction ’pursuant to 8 U.S.C. § 1252 to review the denial of withholding of removal and relief under the CAT. Because the BIA adopted the IJ’s decision and gave reasons of its own, we *31 review both decisions. Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). Reviewing for substantial evidence, see Singh v. Ashcroft, 367 F.3d 1139, 1143 (9th Cir. 2004), we dismiss in part and deny in part the petition for review.

The BIA’s adverse credibility finding rests in part on internal inconsistencies in Mohamed’s hearing testimony, and inconsistencies between his testimony…

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