Daw

Daw v. Keisler

Good Law
249 F. App'x 605
United States Court of Appeals for the Ninth CircuitOctober 1, 2007No. 05-72872California382 words

Opinion

Lead Opinion

MEMORANDUM ***

Janet Daw, a native and citizen of Burma, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . Where, as here, the BIA adopts the decision of the IJ, we review the IJ’s decision as if it were that of the BIA. See Abebe v. Gonzales, 432 F.3d 1037, 1039 (9th Cir.2005) (en banc). As long as one of the IJ’s adverse credibility findings is supported by substantial evidence and goes to the heart of Daw’s claims, we will accept the IJ’s finding. See Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004). We deny the petition for review.

We need not reach the question of whether Daw’s asylum application was timely filed because substantial evidence supports the IJ’s adverse credibility finding. The IJ offered specific and cogent reasons for his finding based on inconsistencies between Daw’s testimony and her asylum application concerning the length of her father’s detention and whether her mother and father were detained in 1982, which go to the…

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