Wijaya

Wijaya v. Mukasey

Good Law
284 F. App'x 503
United States Court of Appeals for the Ninth CircuitJuly 3, 2008No. 04-70940California748 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Adi Purwono Wijaya (“Wijaya”), a native and citizen of Indonesia, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) denying him asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

We review for substantial evidence a determination that an applicant has not established eligibility for asylum. Tang v. Gonzales, 489 F.3d 987, 989-90 (9th Cir. 2007). In the instant case, the immigration judge (“IJ”) found that Wijaya was not a credible witness. Because the BIA adopted the IJ’s finding on this point, we treat the IJ’s adverse credibility determination as that of the BIA. See Kohli v. Gonzales, 473 F.3d 1061, 1070 (9th Cir. 2007). An adverse credibility finding must be based on “specific and cogent reasons,” and the recited reasons “must be substantial and bear a legitimate nexus to the finding.” Marcos v. Gonzales, 410 F.3d 1112, 1117 (9th Cir.2005) (internal quotation marks and citations omitted). Any discrepancies relied upon in making an adverse credibility determination must go to the heart of the asylum claim. 1 Malhi…

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