Raza

Raza v. Gonzales

Good Law
171 F. App'x 203
United States Court of Appeals for the Ninth CircuitMarch 16, 2006No. 04-73097; Agency No. A95-296-093California297 words

Opinion

Lead Opinion

MEMORANDUM **

Ahsan Raza, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order adopting and affirming the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Raza contends he was persecuted as an active member of the Muslim League (“ML”) political party. We dismiss in part and deny in part the petition.

We lack jurisdiction to review the IJ’s determination that Raza’s asylum application was untimely. See 8 U.S.C. § 1158 (a)(3); see also Ramadan v. Gonzales, 427 F.3d 1218, 1221-22 (9th Cir. 2005). Therefore, we dismiss the petition as to the asylum claim.

We have jurisdiction pursuant to 8 U.S.C. § 1252 over Raza’s withholding of removal and CAT claims, and we deny the petition. The IJ’s adverse credibility finding is supported by substantial evidence, and the IJ properly denied withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). In addition, Raza has not demonstrated that it is more likely than not that he would be tortured if returned to Pakistan. See id. at 1156-57 (denying petitioner’s CAT claim…

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