Rawat

Rawat v. Gonzales

Good Law
227 F. App'x 699
United States Court of Appeals for the Ninth CircuitApril 20, 2007No. 06-71431California251 words

Opinion

Lead Opinion

MEMORANDUM **

Rajiv Rawat, and his wife, Zahina Mohammad Irfan, are natives and citizens of India. Petitioners seek review of the Board of Immigration Appeals’ (“BIA”) order adopting and affirming the Immigration Judge’s (“IJ”) denial of their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence and will reverse only if the record compels a contrary conclusion. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). We deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility finding because the inconsistency between petitioners’ testimony and their declaration about the lack of police response to the harm they experienced goes to the heart of their claim. See id. at 1043 ; see also Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004). Accordingly, petitioners fail to establish eligibility for asylum.

By failing to qualify for asylum, petitioners necessarily fail to satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Finally, because…

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