Manani

Manani v. Holder

Good Law
330 F. App'x 144
United States Court of Appeals for the Ninth CircuitAugust 3, 2009No. 05-76513California421 words

Opinion

Lead Opinion

MEMORANDUM **

Davinder Singh Manani, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) 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 the agency’s denial on the basis of an adverse credibility finding and will uphold the agency’s decision unless the evidence compels a contrary conclusion. Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004). We deny the petition for review.

The record does not compel the conclusion that changed or extraordinary circumstances excused the untimely filing of Ma-nani’s asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam). Accordingly, Manani’s asylum claim fails.

Manani’s asylum application omitted that police beat him because Manani was Sikh and was accused of assaulting a Hindu boy, which was the sole basis of Mana-ni’s claim of persecution on account of a protected ground. See Li 378 F.3d at 962 . Moreover, Manani’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.