Khan v. Ashcroft

U.S. Courts of Appeals

Decided May 14, 2004

U.S. Courts of Appeals · decided 2004-05-14

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Falcon Carriche v. Ashcroft · Kavita Komal Pal v. Immigration and Naturalization Service

Decided 2004-05-14

¶1MEMORANDUM *

¶2The IJ did not err in rejecting petitioner’s application for asylum and withholding of removal because substantial evidence supports the IJ’s finding that petitioner was not credible. Pal v. INS, 204 F.3d 935, 938 (9th Cir.2000).

¶3Nor did the BIA’s decision to streamline petitioner’s case violate due process, Falcon Carriche v. Ashcroft, 350 F.3d 845, 852 (9th Cir.2003), or contravene 8 C.F.R. § 1003.1(a)(7).

¶4Petitioner’s ineffective assistance of counsel claim fails because petitioner did not raise it below. See 8 U.S.C. § 1252(b)(4)(A).

¶5PETITION DENIED.

¶6 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.