Pall

Pall v. Mukasey

Good Law
308 F. App'x 144
United States Court of Appeals for the Ninth CircuitJanuary 13, 2009No. 03-71364California292 words

Opinion

Lead Opinion

MEMORANDUM **

Bender Pall, a native and citizen of India, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination, because the discrepancy between Pall’s testimony and his supporting affidavits regarding the issuance of a warrant for his arrest is substantial and goes to the heart of his claim. See Pal v. INS, 204 F.3d 935, 938 (9th Cir.2000); Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004) (adverse credibility determination is supported where at least one of the identified grounds is supported by substantial evidence and goes to the heart of the claim). In the absence of credible testimony, Pall’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Pall’s…

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