Ahmed

Ahmed v. Holder

Good Law
328 F. App'x 492
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 05-75411California331 words

Opinion

Lead Opinion

MEMORANDUM **

Malik Shahzad Ahmed, 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 (“IJ”) decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review adverse credibility findings for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001), and we review claims of due process violations de novo, Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s denial of withholding of removal based upon an adverse credibility finding. In particular, Ahmed’s testimony that the group from which he feared harm in Pakistan was a Shi’a Muslim group contradicted his declaration and the documentary evidence which indicated the group was Sunni Muslim, and the discrepancy relates to the basis for Ahmed’s fear of persecution. See Chebchoub, 257 F.3d at 1043 .

Furthermore, substantial evidence supports the agency’s denial of CAT relief because Ahmed failed to show…

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