Abolghasemi

Abolghasemi v. Mukasey

Good Law
272 F. App'x 644
United States Court of Appeals for the Ninth CircuitApril 7, 2008No. 04-73640California422 words

Opinion

Lead Opinion

MEMORANDUM *

Amir Hossein Abolghasemi, a native and citizen of Iran, petitions for review of the BIA’s determination, based primarily on an adverse credibility finding, that he was not eligible for asylum. He also seeks review of the BIA’s denial of his motion to remand for consideration of new evidence, and he alleges due process violations on the basis of incompetent translation and an inability to respond to the BIA’s new allegations.

Abolghasemi did not raise the claim of denial of due process based on incompetent translation to the BIA. Thus, that claim is unexhausted, and this court lacks jurisdiction to hear it. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004); Singh v. Ashcroft, 367 F.3d 1139 , 1143 n. 1 (9th Cir.2004).

The principle issue is whether the adverse credibility finding of the IJ, later expanded upon by the BIA, was supported by substantial evidence. The petitioner’s *645 testimony contained a number of inconsistencies and flaws. A key element for his claim of asylum was his contention that eoworkers had attempted to kidnap him. Although these were reportedly good friends, who had lured him into a vehicle on the alleged pretext of going swimming,…

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