Zahid v. Holder
Opinion of the Court
SUMMARY ORDER
Petitioner Muhammad Zahid, a citizen of Pakistan, seeks review of a January 25, 2008 order of the BIA affirming the September 14, 2005 decision of Immigration Judge (“U”) Matthew J. D’Angelo denying Zahid’s application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Muhammad Zahid, No. A 79 076 800 (B.I.A. Jan. 25, 2008), affg No. 79 076 800 (Immigr. Ct. Hartford, CT, Sept. 14, 2005). We assume the parties’ familiarity with the underlying facts and procedural history in this case.
When the BIA affirms the IJ’s decision in all respects but one, this Court reviews the IJ’s decision as modified by the BIA decision, i.e., “minus the single argument for denying relief that was rejected by the BIA.” Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 520, 522 (2d Cir. 2005). We review the agency’s factual findings under the substantial evidence standard. 8 U.S.C. § 1252(b)(4)(B); see, e.g., Corovic v. Mukasey, 519 F.3d 90, 95 (2d Cir. 2008).
As an initial matter, because Zahid does not challenge the IJ’s determination that his asylum application was untimely in his brief to this Court, we deem any such challenge abandoned. See Yueqing Zhang v. Gonzales, 426 F.3d 540, 541 n. 1, 545 n. 7 (2d Cir. 2005).
Accordingly, the agency’s adverse credibility determination is supported by substantial evidence. Zhou Yun Zhang, 386 F.3d at 73. Because the only evidence of a threat to Zahid’s life or freedom depended on his credibility, the adverse credibility finding is fatal to both his withholding of removal and CAT claims. See Paul v. Gonzales, 444 F.3d 148, 156 (2d Cir. 2006).
For the foregoing reasons, the petition for review is DENIED. As we have completed our review, the pending motion for a stay of removal in this petition is DISMISSED as moot.
Reference
- Full Case Name
- Muhammad ZAHID v. Eric H. HOLDER, Attorney General
- Status
- Published