Mounes

Mounes v. Holder

Good Law
324 F. App'x 637
United States Court of Appeals for the Ninth CircuitApril 28, 2009No. 05-72135California247 words

Opinion

Lead Opinion

MEMORANDUM **

Salib Atef Mokhtar Mounes, a native and citizen of Egypt, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, Zehatye v. Gonzales, 453 F.3d 1182, 1184 (9th Cir.2006), and we deny the petition for review.

Substantial evidence supports the IJ’s determination that, even assuming Mounes’s testimony is deemed credible, Mounes did not establish past persecution on account of a statutorily enumerated ground. See Chanco v. INS, 82 F.3d 298, 302 (9th Cir.1996) (holding that criminal prosecution does not amount to political persecution). Substantial evidence also supports the IJ’s adverse credibility determination because there were material inconsistencies between Mounes’s testimony and asylum application regarding the events surrounding his release from prison. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001); see also Kohli v. Gon *638 zales, 473 F.3d 1061, 1070-71 (9th Cir. 2007). Mounes…

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