Khan

Khan v. Mukasey

Good Law
319 F. App'x 498
United States Court of Appeals for the Ninth CircuitJanuary 22, 2009No. 04-71281California325 words

Opinion

Lead Opinion

MEMORANDUM **

Zahoor Alim ad Khan, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”), and denying his motion to remand to apply for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility finding, Rivera v. Mukasey, 508 F.3d 1271, 1274 (9th Cir.2007), and for abuse of discretion the denial of a motion to remand. Malhi v. INS, 336 F.3d 989, 993 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility finding where there were numerous inconsistencies between Khan’s testimony about his two arrests and the police reports of those incidents. See Goel v. Gonzales, 490 F.3d 735, 739 (9th Cir.2007) (inconsistencies between testimony and documentary evidence support an adverse credibility finding where inconsistencies go to the heart of the claim).

Because Khan has not met the lower standard of eligibility for asylum, he is not entitled to…

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