Kehila

Kehila v. Mukasey

Good Law
267 F. App'x 580
United States Court of Appeals for the Ninth CircuitFebruary 19, 2008No. 04-74069California790 words

Opinion

lead Opinion

MEMORANDUM *

Toufik Kehila, a native and citizen of Algeria, filed a Petition for Review alleging that the Immigration Judge’s (“IJ”) adverse credibility finding violated his due process rights, and challenging the denial of his asylum application.

We review claims of due process violations de novo. Khup v. Ashcroft, 376 F.3d 898, 902 (9th Cir.2004). We review an IJ’s adverse credibility determination under the deferential substantial evidence standard, and will uphold such a finding unless the evidence compels a contrary result. Tawadrus v. Ashcroft, 364 F.3d 1099, 1102 (9th Cir.2004). We accord similar deference to the agency’s determination that an individual has not established eligibility for asylum. Njuguna v. Ashcroft, 374 F.3d 765, 769 (9th Cir.2004).

A petitioner’s due process rights are violated if he does not have a “reasonable opportunity to offer an explanation of any perceived inconsistencies that form the basis of a denial of asylum.” Campos-Sanchez v. INS, 164 F.3d 448, 450 (9th Cir.1999). Due process concerns are satisfied where an individual has “the opportunity to address the credibility question before the [Board of Immigration Appeals], in briefing and in…

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