Ghullam Khavari v. William Barr ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 11 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GHULLAM REZA KHAVARI, No. 17-70275
Petitioner, Agency No. A208-592-505
v. MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted January 24, 2020
Pasadena, California
Before: CLIFTON and LEE, Circuit Judges, and BLOCK, ** District Judge.
Ghullam Reza Khavari, a native and citizen of Afghanistan, petitions for
review of the Board of Immigration Appeal’s decision affirming the denial of his
asylum and withholding of removal applications. We have jurisdiction under 8
U.S.C. § 1252, and we deny the petition.
1. We review the denial of asylum for substantial evidence. See Silva-
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Judge Frederic Block, United States District Judge for
the Eastern District of New York, sitting by designation.
Pereira v. Lynch, 827 F.3d 1176, 1184 (9th Cir. 2016). We must affirm the BIA’s
decision unless “the evidence not only supports a contrary conclusion,
but compels it.” Id. (quoting Huang v. Holder, 744 F.3d 1149, 1152 (9th Cir. 2014)).
2. Substantial evidence supports the BIA’s decision to affirm the
Immigration Judge’s adverse credibility determination. Khavari was non-responsive
and inconsistent when testifying about his wife and her family’s attempts to receive
documentation. Khavari also gave inconsistent testimony about the threat he
received in Venezuela (e.g., specifically whether he was paid and whether he knew
the name of the person who threatened him). The record does not “compel” a finding
that Khavari is eligible for relief. See Silva-Pereira, 827 F.3d at 1184.
3. Khavari also challenges the alternate country designations of Iran,
Venezuela, and Canada for his removal. But Khavari designated Canada as an
alternate country, and he did not object before the Immigration Judge to the
Department of Homeland Security’s designations of Iran and Venezuela. Therefore,
Khavari waived his challenge to the alternative country designations.
DENIED.
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