Sasho Dimitrov v. Eric Holder, Jr.

Good Law
514 F. App'x 637
United States Court of Appeals for the Ninth CircuitMarch 21, 201310-72463California254 words

Opinion

Opinion

MEMORANDUM

Sasho Valeriev Dimitrov petitions for review of a final order of the Board of Immigration Appeals (BIA) adopting and affirming the decision of the immigration judge (IJ) to deny Dimitrov’s application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

Even if we assume, without deciding, that Dimitrov’s application for asylum was timely filed, the IJ’s adverse credibility determination is supported by substantial evidence. See Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). By pointing out material inconsistencies in Dimitrov’s testimony that undermined Dimitrov’s claim that he was persecuted in Bulgaria on account of his status as a Roma, the IJ provided a “legitimate, articulable basis to question” Dimitrov’s credibility and “offer[ed] a specific, cogent reason for any stated disbelief.” Id. Because this discredited testimony went “to the heart of [Dimitrov’s] claim of persecution,” we are “bound to accept the IJ’s adverse credibility finding” as to Dimitrov’s claims for asylum and withholding of removal. Wang v. INS, 352 F.3d 1250,…

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.