Pinto

Pinto v. Gonzales

Good Law
221 F. App'x 656
United States Court of Appeals for the Ninth CircuitFebruary 23, 2007No. 05-72822California241 words

Opinion

Lead Opinion

MEMORANDUM **

Clyde J. Pinto, a native and citizen of India, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) or *657 der dismissing his appeal from an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence, see Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), we deny the petition for review.

Because the inconsistencies between Pinto’s testimony, his asylum interview, and his asylum application regarding the timing of political activity and his affiliation with specific organizations go to heart of his claim, substantial evidence supports the IJ’s and BIA’s denial of asylum based on an adverse credibility determination. See Li v. Ashcroft, 378 F.3d 959, 962-64 (9th Cir.2004).

Because Pinto failed to establish eligibility for asylum, he necessarily failed to meet the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Finally, because Pinto’s claim under CAT is based on the same testimony that the IJ found not credible,…

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.