Safil

Safil v. Holder

Good Law
325 F. App'x 629
United States Court of Appeals for the Ninth CircuitMay 26, 2009No. 05-74406California302 words

Opinion

Lead Opinion

MEMORANDUM **

Mohammed Edy Safil, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s 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, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we deny the petition for review.

The record does not compel the conclusion that Safil has established extraordinary circumstances that excuse the untimely filing of his asylum application. See 8 C.F.R. § 208.4 (a)(5); see also Husyev v. Mukasey, 528 F.3d 1172, 1181-82 (9th Cir.2008). Accordingly, his asylum claim fails.

Substantial evidence supports the agency’s adverse credibility determination because the discrepancy between Safil’s testimony and his psychologist’s evaluation regarding whether he had been exiled to a small village and abused daily, is a material inconsistency that goes to the heart of his claim. See Pal v. INS, 204 F.3d 935, 940 (9th Cir.2000); Li, 378 F.3d at 962 (adverse credibility determination is supported where at…

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