Sysoy

Sysoy v. Mukasey

Good Law
256 F. App'x 103
United States Court of Appeals for the Ninth CircuitNovember 26, 2007No. 06-72212California488 words

Opinion

Lead Opinion

MEMORANDUM **

Sergei Sysoy, a native and citizen of Russia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal and relief under the Convention Against Torture (the “Convention”). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

The BIA denied relief on the ground that Sysoy was not credible, and the record does not compel a contrary conclusion. See Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). There *105 were several inconsistencies within and between Sysoy’s testimony and asylum application. Since many of these inconsistencies cast doubt on the events that go to the heart of Sysoy’s claim, substantial evidence supports the denial of asylum. Id. at 1043 . With respect to the IJ’s reliance on Sysoy’s allegedly fraudulent birth certificate, this reliance was proper and the IJ’s finding is supported by substantial evidence. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004); cf. Yeimane-Berhe v. Ashcroft, 393 F.3d 907, 911, 913 (9th Cir.2004).

We reject Sysoy’s contention that his due process rights were violated by the IJ’s…

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