Mann

Mann v. Gonzales

Good Law
218 F. App'x 563
United States Court of Appeals for the Ninth CircuitJanuary 16, 2007No. 05-73450California430 words

Opinion

Lead Opinion

Major Singh Mann, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision, which summarily affirmed the Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 .

When, as here, the BIA affirms without an opinion, we review the IJ’s decision directly. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we deny the petition for review.

The IJ found that Mann’s demeanor was not convincing, noting that Mann often mumbled his answers, which the IJ found to indicate hesitation and reluctance. We conclude that there is no reason to discount the IJ’s reliance on Mann’s demean- or. See Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir.1999) (noting that “special deference” is given to a credibility determination based on demeanor); cf. Arulampalam v. Ashcroft, 353 F.3d 679, 685-86 (9th Cir.2003) (distinguishing findings regarding non-verbal communication and “factors concerning the nature of petitioner’s…

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