Kape

Kape v. Gonzales

Good Law
176 F. App'x 712
United States Court of Appeals for the Ninth CircuitMarch 31, 2006No. 04-73531California360 words

Opinion

Lead Opinion

MEMORANDUM **

Benardi Kape, a native and citizen of Albania, petitions for review of the decision of the Board of Immigration Appeals (BIA) affirming the opinion of an Immigration Judge (IJ) finding him not credible, and denying him asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

Because the BIA added its own analysis while affirming the IJ’s opinion, we review both opinions. See Kalubi v. Ashcroft, 364 F.3d 1134 , 1137 n. 3 (9th Cir.2004). We review for substantial evidence, and reverse a credibility determination only if the evidence compels a contrary conclusion. See Kaur v. Gonzales, 418 F.3d 1061, 1064 (9th Cir.2005).

*713 Rape argues that his memory lapses and inconsistent testimony were the result of post-traumatic stress disorder (PTSD), and the IJ did not properly take that into account. But the doctor’s testimony stated only that Rape “maybe” had PTSD, and the IJ was entitled to weigh that testimony along with other testimony in the case. The IJ identified specific inconsistencies that went to the heart of Rape’s claim of persecution; the length of his…

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