U.S. Court of Appeals for the Ninth Circuit, 2007

Malaj v. Gonzales

Malaj v. Gonzales
U.S. Court of Appeals for the Ninth Circuit · Decided April 18, 2007 · Bea, Clifton, Scannlain
228 F. App'x 716

Malaj v. Gonzales

Opinion of the Court

MEMORANDUM **

Leonard Malaj, a native and citizen of Albania, petitions pro se for review of the Board of Immigration Appeals’ summary affirmance of an Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001), and we deny the petition.

Substantial evidence supports the IJ’s adverse credibility determination based on the submission of potentially fraudulent documents, inconsistencies within petitioner’s testimony, his evasive and nonresponsive demeanor, and a failure to provide corroboration. See id. at 1043-45.

Because petitioner failed to demonstrate that he is eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Substantial evidence also supports the denial of relief under CAT. See id. at 1157.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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