Ismail

Ismail v. Gonzales

Good Law
203 F. App'x 881
United States Court of Appeals for the Ninth CircuitNovember 2, 2006No. 03-74660California523 words

Opinion

Lead Opinion

MEMORANDUM **

Fenis Ismail petitions for review of the Board of Immigration Appeals’ (“BIA”) *882 decision affirming the Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, and relief under the United Nations Convention Against Torture. Ismail challenges the agency’s denial of relief based on an adverse credibility determination.

We have jurisdiction under 8 U.S.C. § 1252 (b). Because the BIA summarily affirmed the IJ’s decision under the agency’s streamlining regulation, we review the IJ’s decision as the final agency determination. Falcon Carriche v. Ashcroft, 350 F.3d 845, 855 (9th Cir.2003).

Adverse credibility findings are reviewed under the substantial evidence standard. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). Under the substantial evidence standard, “administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B). As long as one of the identified grounds underlying a negative credibility finding is supported by substantial evidence and goes to the heart of the petitioner’s persecution claims, the court is bound to accept the negative…

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