George v. Holder

FILED
NOT FOR PUBLICATION DEC 23 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
AKHLAS NAIM GEORGE, No. 06-71167
Petitioner, Agency No. A078-759-515
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Akhlas Naim George, a native and citizen of Iraq, petitions for review of the
Board of Immigration Appeals’ order dismissing her appeal from an immigration
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
JLA/Research
judge’s (“IJ”) decision denying her 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 an IJ’s
adverse credibility finding. Don v. Gonzales, 476 F.3d 738, 741 (9th Cir. 2007).
We deny the petition for review.
Substantial evidence supports the IJ’s adverse credibility determination
because the contradictory accounts of the mistreatment George suffered, coupled
with the differing accounts of her detentions and interrogations are material
discrepancies that go to the heart of her asylum claim. See Li v. Ashcroft, 378 F.3d
959, 962 (9th Cir. 2004). In the absence of credible testimony, George’s asylum
and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153,
1156 (9th Cir. 2003).
Because George’s CAT claim is based on the testimony the agency found
not credible, and she points to no evidence showing it is more likely than not she
will be tortured in Iraq, her CAT claim also fails. Id. at 1156-57.
PETITION FOR REVIEW DENIED.
JLA/Research 2 06-71167