Kape v. Gonzales
Kape v. Gonzales
Opinion of the Court
MEMORANDUM
Benardi Kape, a native and citizen of Albania, petitions for review of the decision of the Board of Immigration Appeals (BIA) affirming the opinion of an Immigration Judge (IJ) finding him not credible, and denying him asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition.
Because the BIA added its own analysis while affirming the IJ’s opinion, we review both opinions. See Kalubi v. Ashcroft, 364 F.3d 1134, 1137 n. 3 (9th Cir. 2004). We review for substantial evidence, and reverse a credibility determination only if the evidence compels a contrary conclusion. See Kaur v. Gonzales, 418 F.3d 1061, 1064 (9th Cir. 2005).
Because Raur did not provide credible testimony supporting eligibility for asylum, he did not meet the higher threshold for withholding of removal. See Movsisian v. Ashcroft, 395 F.3d 1095, 1097 (9th Cir. 2005) . Nor has he established that he is entitled to relief under CAT. See Farah v. Ashcroft, 348 F.3d 1153, 1156-57 (9th Cir. 2003) (where applicant’s claims under CAT are based on same statements found not credible in asylum context, CAT claim fails).
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.