Khan

Khan v. Gonzales

Good Law
158 F. App'x 922
United States Court of Appeals for the Ninth CircuitDecember 16, 2005No. 03-74621California307 words

Opinion

Lead Opinion

MEMORANDUM **

Mohammad Ejaz Khan, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which summarily affirmed the Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We dismiss in part, and deny in part this petition for review.

We lack jurisdiction to consider Khan’s challenge to the IJ’s denial of voluntary departure, and we dismiss the petition with respect to this claim. See Tovar-Landin v. Ashcroft, 361 F.3d 1164, 1166 (9th Cir.2004).

We have jurisdiction over Khan’s remaining claims under 8 U.S.C. § 1252 . Where, as here, the BIA affirms without an opinion, we review the IJ’s decision *923 directly. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence an adverse credibility determination. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001).

The IJ offered specific, cogent reasons for his credibility determination. Therefore, substantial evidence supports the IJ’s credibility determination. See id. at 1043 .

Because Khan did not establish eligibility for asylum, it…

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