Amir

Amir v. Holder

Good Law
320 F. App'x 565
United States Court of Appeals for the Ninth CircuitMarch 24, 2009No. 05-70552California457 words

Opinion

Lead Opinion

MEMORANDUM **

Jawid Amir, a native and citizen of Afghanistan, petitions for review of a final decision issued by the Board of Immigration Appeals (BIA), affirming an Immigration Judge’s (IJ) denial of asylum, withholding of removal, and Convention Against Torture (CAT) protection. We deny the petition.

The IJ determined that Amir was not a credible witness. We agree. Inconsistencies regarding Amir’s alleged injuries, his release from the hospital, and the circumstances of his departure from Afghanistan are substantial and go to the heart of his claim of past persecution. See Singh v. Gonzales, 439 F.3d 1100, 1105 (9th Cir.2006) (“An inconsistency goes to the heart of a claim if it concerns events central to petitioner’s version of why he was persecuted and fled.”). Moreover, many of Amir’s claims were clearly rebutted by the testimony of his ex-wife.

Because Amir failed to establish past persecution, he is not entitled to a presumption of future persecution; nor does the evidence “compel a finding that future persecution is an objectively reasonable possibility.” See Nahrvani v. Gonzales, 399 F.3d 1148 , 1154 & n. 4 (9th Cir.2005). Amir therefore did not establish his…

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