Nazi v. Ashcroft
Opinion of the Court
MEMORANDUM
Ali Asghar Nazi (Nazi) and his daughter Asal Nazi, natives and citizens of Iran, petition for review of the Board of Immi
The IJ’s adverse credibility determination was supported by substantial evidence. The IJ based his determination on the discrepancy in petitioner’s recollection of the number of times he was arrested, and the military promotions awarded to petitioner despite his claim that he was considered a traitor. On this record, we cannot say that a fact finder would be compelled to credit petitioner’s testimony. Accordingly, Nazi failed to establish eligibility for asylum and withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). Substantial evidence also supports the IJ’s conclusion that Nazi is not entitled to relief under the CAT because he did not demonstrate that it is more likely than not he would be tortured if returned to Iran. See Malhi v. I.N.S., 336 F.3d 989, 993 (9th Cir. 2003).
The mandate shall be held in abeyance pending resolution of petitioner’s motion to reopen.
PETITION DENIED; MANDATE WITHHELD.
This disposition is not appropriate for publica
Reference
- Full Case Name
- Ali Asghar NAZI v. John ASHCROFT, Attorney General
- Status
- Published