Dagaly

Dagaly v. Mukasey

Good Law
273 F. App'x 651
United States Court of Appeals for the Ninth CircuitApril 14, 2008No. 04-74090California617 words

Opinion

Lead Opinion

*652 MEMORANDUM **

Leevir Jamil Dagaly, a native and citizen of Iraq, petitions for review of the Board of Immigration Appeals’ (BIA) decision denying asylum, withholding of removal, and relief under Convention Against Torture. Dagaly asserts persecution on account his Chaldean race, Catholic religion, and anti-Baath political opinion. Because the parties are aware of the facts of this case, we do not recount them here. We have jurisdiction under 8 U.S.C. § 1252 . The Immigration Judge (IJ) found that Dagaly lacked credibility. We deny relief.

Where, as here, the BIA adopts the decision of the IJ as its own, we review the decision of the IJ. See Tapia v. Gonzales, 430 F.3d 997, 999 (9th Cir.2005). The IJ’s factual findings are reviewed for substantial evidence and must be upheld unless the record compels a contrary result. See Monjaraz-Munoz v. INS, 327 F.3d 892, 895 (9th Cir.2003); 8 U.S.C. § 1252 (b)(4)(B). Substantial evidence is “more than a mere scintilla.” Richardson v. Perales, 402 U.S. 389, 401 , 91 S.Ct. 1420 , 28 L.Ed.2d 842 (1971). “It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. “[T]he IJ must provide…

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