Salaria

Salaria v. Gonzales

Good Law
224 F. App'x 606
United States Court of Appeals for the Ninth CircuitMarch 7, 2007No. 05-76127California548 words

Opinion

Lead Opinion

MEMORANDUM **

Ashok Kumar Salaria, a native and citizen of India, petitions for review from the summary affirmance by the Board of Immigration Appeals (BIA) of the decision of an Immigration Judge (IJ) finding him not credible, and denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

Because the BIA affirmed without opinion, we review the IJ’s decision as the final agency action. See Kasnecovic v. Gonzales, 400 F.3d 812, 813 (9th Cir.2005). We review the credibility determination for substantial evidence, reversing only if the evidence compels the conclusion that Salaria was credible. See Singh v. Gonzales, 439 F.3d 1100, 1105 (9th Cir.2006).

We reject Salaria’s argument that his case should be remanded to allow him to testify again. Although the transcript contains the word “indiscernible” in several places, Salaria does not identify any specific inaccuracies in the transcript, nor does he contend that the IJ misunderstood his testimony. See Singh v. Ashcroft, 367 F.3d 1139,1143 (9th Cir.2004).

There is substantial evidence to support…

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