Rana, et al v. Holder, No. 06-73897 (9th Cir. 2010)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT NOV 24 2010 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS PRAKASH NARSHING RANA, Petitioner, No. 06-73897 Agency No. A079-276-992 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted November 4, 2010 San Francisco, California Before: KOZINSKI, Chief Judge, RYMER, Circuit Judge, and KENNELLY, District Judge.** The agency denied Rana s asylum claim as time-barred. Rana has forfeited any challenge to this ruling by failing to address it in his brief. See Singh v. Ashcroft, 386 F.3d 1228, 1232 n.4 (9th Cir. 2004). * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Matthew F. Kennelly, United States District Judge for the Northern District of Illinois, sitting by designation. The agency denied Rana s withholding of removal and CAT claims based on the IJ s adverse credibility determination. Substantial evidence supports this determination. See Kin v. Holder, 595 F.3d 1050, 1055 (9th Cir. 2010). Rana admitted that he possessed a valid Nepalese passport issued by the Nepalese embassy in Washington, D.C., describing him as a citizen of Nepal and listing his birthplace as Kathmandu, Nepal. The IJ reasonably found that Rana s possession of the passport undermined his claim of Bhutanese birth and citizenship. Because this finding goes to the heart of Rana s claims, we need not address the other grounds upon which the IJ relied. See Wang v. INS, 352 F.3d 1250, 1259 (9th Cir. 2003). The petition for review is DENIED.

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