Bain v. Immigration & Naturalization Service

MEMORANDUM ^*

Mr. Bains’s¹ applications for asylum and withholding of deportation were denied because the Immigration Judge and Board of Immigration Appeals found his testimony incredible. We apply the transitional rules² and review both the I.J.’s and B.I.A.’s decisions.³ Mr. Bains was not entitled to a new hearing to explain the additional implausibilities relied upon by the B.I.A.⁴ Substantial evidence supports the adverse credibility findings.⁵

PETITION DENIED.

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

1 . See Petitioner’s Opening Brief at 2 n. 1.

2 . See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir. 1997).

3 . See Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000); Tukhowinich v. INS, 64 F.3d 460, 464-65 (9th Cir. 1995); Alaelua v. INS, 45 F.3d 1379, 1381-82 (9th Cir. 1995).

4 . Pal v. INS, 204 F.3d 935, 939 (9th Cir. 2000).

5 . Id. at 937 n. 2; De Leon-Barrios v. INS, 116 F.3d 391, 393 (9th Cir. 1997).