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Alam v. Ashcroft

United States Court of Appeals, Ninth Circuit
Aug 20, 2003
72 F. App'x 719 (9th Cir. 2003)

Opinion


72 Fed.Appx. 719 (9th Cir. 2003) Mohammed Shah ALAM, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 02-73090. Agency No. A70-955-521. United States Court of Appeals, Ninth Circuit. August 20, 2003

Submitted August 11, 2003.

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

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

On Petition for Review of an Order of the Board of Immigration Appeals.

Before SCHROEDER, Chief Judge, HAWKINS, and TASHIMA, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Mohammed Shah Alam, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an Immigration Judge's denial of his application for asylum and withholding of deportation. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction under 8 U.S.C. § 1105a(a). We review for substantial evidence the adverse credibility finding, Singh-Kaur v. INS, 183 F.3d 1147, 1149-50 (9th Cir.1999), and we deny the petition for review.

The BIA identified material inconsistencies in Alam's testimony regarding the time and duration of his purported imprisonment. Because these inconsistencies go to the heart of his asylum claim, substantial evidence supports the adverse credibility finding. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). Accordingly, Alam failed to establish eligibility for asylum or withholding of deportation. See Hakeem v. INS, 273 F.3d 812, 816-17 (9th Cir.2001).

PETITION FOR REVIEW DENIED.


Summaries of

Alam v. Ashcroft

United States Court of Appeals, Ninth Circuit
Aug 20, 2003
72 F. App'x 719 (9th Cir. 2003)
Case details for

Alam v. Ashcroft

Case Details

Full title:Mohammed Shah ALAM, Petitioner, v. John ASHCROFT, Attorney General, [*…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 20, 2003

Citations

72 F. App'x 719 (9th Cir. 2003)