Etemadi

Etemadi v. Keisler

Good Law
251 F. App'x 388
United States Court of Appeals for the Ninth CircuitOctober 15, 2007No. 04-72984California557 words

Opinion

Lead Opinion

MEMORANDUM ****

Kami Etemadi, an Iranian native and citizen, seeks review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and deferral of removal under the Convention Against Torture (“CAT”), and the IJ’s finding he filed a frivolous asylum application. The IJ made an adverse credibility finding and denied Etemadi’s petition. Substantial evidence supports the IJ’s adverse credibility finding and the IJ’s finding that Etemadi filed a frivolous application for asylum; therefore, we deny the petition.

Where, as here, the BIA affirms the IJ’s decision without an opinion, we review the IJ’s decision directly. Li v. Ashcroft, 378 F.3d 959, 961 (9th Cir.2004). We review an adverse credibility determination for substantial evidence. Id. at 962 . If the IJ’s adverse credibility finding is supported by substantial evidence and goes to the heart of the claims of persecution, we are bound to accept that finding. Id. at 964 .

Substantial evidence supports the IJ’s frivolous filing finding. Etemadi submitted forged documents purporting to be a warrant for his ax-rest and an…

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