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No. 8642381
United States Court of Appeals for the Ninth Circuit
Hugais v. Gonzales
No. 8642381 · Decided August 16, 2007
No. 8642381·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 16, 2007
Citation
No. 8642381
Disposition
See opinion text.
Full Opinion
MEMORANDUM *** The record supports the IJ’s adverse credibility finding, as Hugais’s testimony and asylum application were inconsistent, and Hugais’s corroborating evidence depends on his testimony. Substantial evidence thus supports the IJ’s finding that Hugais didn’t show he is eligible for asylum. 8 U.S.C. § 1252 (b)(4)(B). Hugais is therefore also necessarily ineligible for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). Given the adverse credibility finding, Hugais’s claim for relief under the Convention Against Torture also fails because a reasonable adjudicator would not be compelled to find that it’s more likely than not that Hugais would be tortured if removed. See 8 C.F.R. § 1208.16 (c)(2). PETITION DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM *** The record supports the IJ’s adverse credibility finding, as Hugais’s testimony and asylum application were inconsistent, and Hugais’s corroborating evidence depends on his testimony.
Key Points
01MEMORANDUM *** The record supports the IJ’s adverse credibility finding, as Hugais’s testimony and asylum application were inconsistent, and Hugais’s corroborating evidence depends on his testimony.
02Substantial evidence thus supports the IJ’s finding that Hugais didn’t show he is eligible for asylum.
03Hugais is therefore also necessarily ineligible for withholding of removal.
04Given the adverse credibility finding, Hugais’s claim for relief under the Convention Against Torture also fails because a reasonable adjudicator would not be compelled to find that it’s more likely than not that Hugais would be tortured if
Frequently Asked Questions
MEMORANDUM *** The record supports the IJ’s adverse credibility finding, as Hugais’s testimony and asylum application were inconsistent, and Hugais’s corroborating evidence depends on his testimony.
FlawCheck shows no negative treatment for Hugais v. Gonzales in the current circuit citation data.
This case was decided on August 16, 2007.
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