Kanthasami
Kanthasami v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Petitioner Sutharshan Kanthasami, a native and citizen of Sri Lanka, petitions for review of a Board of Immigration Appeals decision affirming the Immigration Judge’s conclusion that he is not eligible for asylum, withholding of removal, or Convention Against Torture relief due to an adverse credibility determination.
Credibility findings are reviewed for substantial evidence and may not be disturbed unless the record compels the conclusion that the finding was in error. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). However, an Immigration Judge must provide legitimate reasons that are substantial and related to a petitioner’s credibility. See Shah v. INS, 220 F.3d 1062, 1067 (9th Cir.2000). Kanthasami initially testified that he traveled to Mexico by boat via Jordan. In a subsequent hearing, he acknowledged that that testimony was untruthful — he had actually traveled by air via Thailand, South Africa, and Brazil. He explained that the human smugglers told him to he about the route of travel and threatened harm if he did not comply. Along with Kanthasami, a group of about twenty ethnic Tamils were apprehended attempting to cross from Mexico into the…