Al-Khabbaz-Al-Khabbaz

Al-Khabbaz-Al-Khabbaz v. Gonzales

Good Law
171 F. App'x 107
United States Court of Appeals for the Ninth CircuitMarch 14, 2006No. 04-74270; Agency No. A70-003-588California233 words

Opinion

Lead Opinion

*108 MEMORANDUM **

Ghayas Al-Khabbaz-Al-Khabbaz, a native and citizen of Syria, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an Immigration Judge’s order denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Reviewing for substantial evidence, see Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), we deny the petition for review.

The BIA’s adverse credibility determination is supported by substantial evidence. In particular, the discrepancy between AI-Khabbaz’s asylum application and his hearing testimony concerning the length of his military service goes to the heart of his claim that he fled Syria because he was mistreated by Syrian army personnel on a daily basis during his service. See Wang v. INS, 352 F.3d 1250, 1259 (9th Cir.2003) (“So long as one of the identified grounds is supported by substantial evidence and goes to the heart of [petitioner’s] claim of persecution, we are bound to accept the [BIA’s] adverse credibility finding.”).

In the absence of credible testimony, AlKhabbaz failed to establish eligibility for…

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