Kathiravelu
Kathiravelu v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Thaneshkisan Kathiravelu, a native and citizen of Sri Lanka, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which adopted and affirmed the Immigration Judge’s (“IJ”) order denying Kathiravelu’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . Where the BIA affirms an IJ’s order without opinion, we review the IJ’s decision as the final agency action. See Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir.2004). We review a decision by the BIA that an applicant has not established eligibility for asylum, or that he or she is not eligible for relief under CAT, for substantial evidence. See Singh v. INS, 134 F.3d 962, 966 (9th Cir.1998). The burden of proof is higher for a claim of withholding of removal than for a claim of asylum and lack of eligibility for the latter precludes eligibility for the former. See Singh-Kaur v. INS, 183 F.3d 1147, 1149 (9th Cir.1999). We review the IJ’s adverse credibility determination for substantial evidence. See Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001).
“Although some of the factors the IJ relied upon…