Kumar

Kumar v. Gonzales

Good Law
176 F. App'x 853
United States Court of Appeals for the Ninth CircuitApril 19, 2006No. 04-75738California261 words

Opinion

Lead Opinion

MEMORANDUM **

Shiv Kumar, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ decision dismissing his appeal from an immigration judge’s (“IJ”) order denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002), and we deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility finding because the IJ had reason to question Kumar’s credibility with regard to his claim that a corrupt local businessman, Mr. Manchanda, caused his arrest. Kumar’s claim is inconsistent with documents he produced showing that he was arrested in India for falsifying his wife’s passport, and that he left India after threatening a magistrate. See Wang v. INS, 352 F.3d 1250, 1258 (9th Cir.2003) (upholding the IJ’s adverse credibility determination based on inconsistencies between documentary evidence and testimony). Further, because the IJ had reason to question Kumar’s credibility, the IJ could properly seek corroborating documents. See Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004).

In the absence of credible…

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