Kurt

Kurt v. Holder

Good Law
324 F. App'x 650
United States Court of Appeals for the Ninth CircuitApril 28, 2009No. 05-72092California300 words

Opinion

Lead Opinion

MEMORANDUM **

Haci Kurt, a native and citizen of Turkey, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we review de novo claims of constitutional violations in immigration proceedings, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination because Kurt’s testimony regarding past persecution was omitted from his asylum application. See Li, 378 F.3d at 962-64 . Kurt failed to adequately explain this omission when given the opportunity, see Kaur v. Gonzales, 418 F.3d 1061, 1066-67 (9th Cir.2005), and the discrepancy goes to the heart of his claim, see Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). In the absence of credible testimony, Kurt failed to demonstrate eligibility for asylum *651 or withholding of…

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