Vitanov

Vitanov v. Gonzales

Good Law
170 F. App'x 512
United States Court of Appeals for the Ninth CircuitMarch 14, 2006No. 04-74709California301 words

Opinion

Lead Opinion

MEMORANDUM **

Vitan Vitanov, a native and citizen of Bulgaria, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from the Immigration Judge’s denial of his applications for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”).

We lack jurisdiction to review the BIA’s determination that Vitanov did not meet the one-year deadline and did not qualify for an exception to the deadline for filing his asylum application. See Ramadan v. Gonzales, 427 F.3d 1218, 1221-22 (9th Cir.2005).

We have jurisdiction over Vitanov’s remaining claims under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility finding and will uphold the BIA’s decision unless the evidence compels a contrary conclusion. Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003).

Substantial evidence supports the BIA’s denial of Vitanov’s withholding of removal claim based on an adverse credibility finding. Vitanov submitted a false asylum application, omitted important information on his application, and testified inconsistently regarding other details. See Li v. Ashcroft, 378 F.3d 959, 962-64 (9th Cir.2004);…

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