Mallick

Mallick v. Gonzales

Good Law
158 F. App'x 782
United States Court of Appeals for the Ninth CircuitDecember 5, 2005No. 04-70893California477 words

Opinion

Lead Opinion

*783 MEMORANDUM **

Umar Mallick, a native and citizen of Pakistan, petitions for review from a decision by the Board of Immigration Appeals (BIA) denying his motion to reopen his asylum claim for changed country conditions. He also petitions for review of the BIA’s opinion affirming the finding of an Immigration Judge (IJ) that he was not credible. We have jurisdiction under the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act, 8 U.S.C. § 1105a, and we deny the petition for review.

We review the BIA’s separate opinion affirming the IJ’s adverse credibility finding for substantial evidence, requiring “specific, cogent reasons that bear a legitimate nexus to the finding,” with inconsistencies or implausibilities that “go to the heart of the asylum claim.” Smolniakova v. Gonzales, 422 F.3d 1037, 1044 (9th Cir. 2005) (internal quotations and alterations deleted). We defer to the BIA unless “the evidence presented was so compelling that no reasonable factfinder could find that the petitioner was not credible.” Shire v. Ashcroft, 388 F.3d 1288, 1295 (9th Cir.2004).

The BIA found Mallick’s testimony to be vague and improbable. Mallick stated that…

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