Ginzeh

Ginzeh v. Holder

Good Law
346 F. App'x 204
United States Court of Appeals for the Ninth CircuitSeptember 18, 2009No. 05-72726California609 words

Opinion

Lead Opinion

MEMORANDUM **

Sargon Shahbaz Yoghanloui Ginzeh petitions for review of a Board of Immigration Appeals (“BIA”) order dismissing his appeal of an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction to review the BIA’s order under 8 U.S.C. § 1252 and do so for “substantial evidence,” meaning that we must affirm the BIA’s ruling unless the record “not only supports [the conclusion that Ginzeh has established eligibility for relief], but compels it.” INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (emphasis in original).

Ginzeh contends that the IJ erroneously discredited his testimony. The IJ found that Ginzeh was not eligible for asylum or withholding of removal because he had not proffered credible testimony. After noting certain inconsistencies and omissions, the IJ provided Ginzeh the opportunity to offer explanations. See Campos-Sanchez v. INS, 164 F.3d 448, 450 (9th Cir.1999). The IJ found that Ginzeh’s explanations were unpersuasive and that Ginzeh did not clarify the inconsistencies and omissions. We agree that Ginzeh…

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