Hashemi-Rohani v. Gonzales
Hashemi-Rohani v. Gonzales
Opinion of the Court
MEMORANDUM
Naser Hashemi-Rohani, a native and citizen of Iran, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming an Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”), and denying his motion to remand based on claims of ineffective assistance of counsel and an incompetent interpreter at his removal hearing. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for substantial evidence, Singh v. INS, 134 F.3d 962, 966 (9th Cir. 1998), we deny the petition for review.
The IJ identified material inconsistencies between Hashemi-Rohani’s asylum application and his testimony regarding purported detentions, interrogations and beatings by the Iranian police.
Because Hashemi-Rohani did not establish that he is eligible for asylum, he did not satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). Hashemi-Rohani is not entitled to relief under CAT because he did not demonstrate that it is more likely than not that he would be tortured upon return to Iran. See Malhi v. INS, 336 F.3d 989, 993 (9th Cir. 2003).
Finally, the BIA did not abuse its discretion by denying Hashemi-Rohani’s motion to remand for a new hearing. See id. (reviewing for abuse of discretion BIA’s denial of motion to remand). His claim of ineffective assistance of counsel fails because he has not shown that he was prejudiced by any of the alleged deficiencies in his counsel’s preparation for or
Hashemi-Rohani’s remaining contentions lack merit.
Hashemi-Rohani filed timely motions for stay of removal and stay of voluntary departure, and these motions were not opposed by the government. Pursuant to Desta v. Ashcroft, 365 F.3d 741, 750 (9th Cir. 2004), the stay of removal and stay of voluntary departure will expire upon issuance of the mandate.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. We review the IJ’s credibility findings because the BIA expressly adopted the IJ’s decision. See Shah v. INS, 220 F.3d 1062, 1067 (9th Cir. 2000).
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