Kumar

Kumar v. Mukasey

Good Law
282 F. App'x 526
United States Court of Appeals for the Ninth CircuitJune 10, 2008No. 04-76188California228 words

Opinion

Lead Opinion

*527 MEMORANDUM **

To the extent the court has jurisdiction to review the IJ’s determination that Rajesh Kumar failed to present sufficient evidence to excuse his failure to timely file his asylum application, 8 U.S.C. § 1158 (a)(2)(B), and (D), the IJ’s determination is supported by substantial evidence. See Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007) (discussing jurisdiction to review determinations under Section 1158(a)(2)). In any event, the IJ’s adverse credibility determination is supported by substantial evidence. The record contains a statement from Kumar’s wife supporting the IJ’s finding that Kumar’s marriage is a sham. As noted by the IJ, Kumar testified to significant events material to his asylum application that are not corroborated in his application materials or in letters submitted by persons identified by Kumar as having participated in these events. Substantial evidence thus supports the IJ’s finding that Kumar is ineligible for asylum. 8 U.S.C. § 1252 (b)(4)(B). Kumar is necessarily ineligible for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). Kumar’s claim under the Convention Against Torture fails because a…

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