GHULLAM KHAVARI V. WILLIAM BARR, No. 17-70275 (9th Cir. 2020)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FEB 11 2020 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT GHULLAM REZA KHAVARI, Petitioner, No. U.S. COURT OF APPEALS 17-70275 Agency No. A208-592-505 MEMORANDUM* v. 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. 2
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