Mohammad

Mohammad v. Gonzales

Good Law
176 F. App'x 718
United States Court of Appeals for the Ninth CircuitApril 10, 2006No. 04-74084California321 words

Opinion

Lead Opinion

MEMORANDUM **

Nisar Mohammad, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ decision summarily affirming an Immigration *719 Judge’s (“IJ”) 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 IJ’s determination that Mohammad 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 Mohammad’s remaining claims under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility finding and will uphold the IJ’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 IJ’s denial of Mohammad’s withholding of removal claim based on an adverse credibility finding. Mohammad’s use of false documentation to leave the United States to visit Pakistan goes to the heart of his claim, and undermines his alleged fear of return. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th…

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