Talwar

Talwar v. Mukasey

Good Law
265 F. App'x 506
United States Court of Appeals for the Ninth CircuitJanuary 24, 2008No. 05-70498California293 words

Opinion

lead Opinion

MEMORANDUM **

Kawaljit Singh Talwar filed a petition for review of a Board of Immigration Appeals’s (“BIA”) order affirming the decision of an Immigration Judge (“IJ”). The IJ found Talwar was not credible and denied Talwar’s application for asylum, for withholding of removal, and for relief under the Convention Against Torture.

We review the BIA’s affirmance for substantial evidence. Kaur v. Ashcroft, 379 F.3d 876, 884 (9th Cir.2004). The BIA’s affirmance must be upheld if it is supported by “reasonable, substantial and probative evidence.” Id. (citing INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (internal quotation marks omitted)). Because the BIA adopted the IJ’s decision without opinion, we review the IJ’s findings to determine whether they are supported by substantial evidence. Id.

We conclude that the IJ’s adverse credibility finding, which was adopted by the BIA, is supported by substantial evidence and deny Talwar’s petition for review.

To determine whether an adverse credibility finding is supported by substantial evidence, we consider whether the IJ had a legitimate articulable basis to question the petitioner’s credibility and…

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