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Sulthan v. Gonzales

United States Court of Appeals, Ninth Circuit
Jun 27, 2007
237 F. App'x 296 (9th Cir. 2007)

Opinion

No. 04-71386.

Submitted June 15, 2007.

This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed June 27, 2007.

Charles E. Nichol, Esq., Law Office of Charles E. Nichol, San Francisco, CA, for Petitioner.

Margot L. Nadel, Esq., DOJ — U.S. Department of Justice, Civil Div./Office of Immigration Lit., Sarah E. Harrington, Esq., Karen L. Stevens, Esq., DOJ — U.S. Department of Justice, Civil Rights Division/Appellate Section, Washington, DC, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A72-140-791.

Before: HAWKINS, THOMAS, and BEA, Circuit Judges.



MEMORANDUM

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

Substantial evidence supports the immigration judge's ("IJ") adverse credibility determination. Sulthan's testimony revealed inconsistencies regarding both how many men attacked him in Bangalore and whether or not he ever received any threats in writing. Both inconsistencies go to the heart of his claim. See Don v. Gonzales, 476 F.3d 738, 742 (9th Cir. 2007) (holding that inconsistent details about the event that forms the basis for the claim can support an adverse credibility finding).

Because Sulthan failed to establish eligibility for asylum, he also failed to demonstrate eligibility for withholding of removal. Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Sulthan waived the IJ's denial of his CAT claim because he failed to raise the issue in his opening brief. Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996).

PETITION FOR REVIEW DENIED.


Summaries of

Sulthan v. Gonzales

United States Court of Appeals, Ninth Circuit
Jun 27, 2007
237 F. App'x 296 (9th Cir. 2007)
Case details for

Sulthan v. Gonzales

Case Details

Full title:Noorul Ameen Mohamed SULTHAN, Petitioner, v. Alberto R. GONZALES, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 27, 2007

Citations

237 F. App'x 296 (9th Cir. 2007)