Baharudeen

Baharudeen v. Mukasey

Good Law
279 F. App'x 580
United States Court of Appeals for the Ninth CircuitMay 27, 2008No. 05-72791California460 words

Opinion

Lead Opinion

MEMORANDUM **

Abdul Malik Baharudeen, native and citizen of India, petitions for review of a Board of Immigration Appeals (“BIA”) order dismissing his appeal of an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 .

Where, as here, the BIA adopts and affirms the IJ’s findings and reasoning, we review the IJ’s decision as if it were that of the BIA. See Abebe v. Gonzales, 432 F.3d *581 1037, 1039 (9th Cir.2005). We review for substantial evidence, reversing only if the evidence compels the result, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and deny in part and grant in part the petition for review.

The record does not compel the conclusion that Baharudeen has shown extraordinary circumstances to excuse the untimely filing of his asylum application. See 8 C.F.R. § 1208.4 (a); see also Ramadan v. Gonzales, 479 F.3d 646, 657 (9th Cir.2007) (per curiam). Accordingly, we deny the petition as to Baharudeen’s asylum claim.

Substantial evidence does not support the agency’s adverse credibility…

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