Shahlapour-anisi v. Holder

FILED NOT FOR PUBLICATION JUN 17 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT SHAHIN SHAHLAPOUR-ANISI, No. 06-70286 Petitioner, Agency No. A024-733-410 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 June 8, 2010 Pasadena, California Before: KOZINSKI, Chief Judge, RAWLINSON, Circuit Judge, and MARBLEY, District Judge.** The IJ found numerous inconsistencies in Shahlapour-Anisi’s oral testimony that “go to the heart of [her] asylum claim,” Singh v. Ashcroft, 301 F.3d 1109, 1111 (9th Cir. 2002) (quoting Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Algenon L. Marbley, United States District Judge for the Southern District of Ohio, sitting by designation. page 2 2001)), and “provide adequate support for the IJ’s negative credibility finding,” Kasnecovic v. Gonzalez, 400 F.3d 812, 815 (9th Cir. 2005). We therefore “defer to the IJ’s . . . findings and uphold the denial of asylum relief.” Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). We also deny Shahlapour-Anisi’s application for withholding of removal because “[a] failure to satisfy the lower standard of proof required to establish eligibility for asylum . . . necessarily results in a failure to demonstrate eligibility for withholding of deportation.” Pedro-Mateo v. INS, 224 F.3d 1147, 1150 (9th Cir. 2000). Finally, we reject Shahlapour-Anisi’s contention that the IJ violated her due process rights by admitting and relying on the March 5, 1987 Order to Show Cause because there is a presumption of regularity in the delivery of documents by a government official. See Kohli v. Gonzales, 473 F.3d 1061, 1067–68 (9th Cir. 2007). Shahlapour-Anisi’s equivocal testimony that she didn’t recall whether she was served with the Order to Show Cause fails to overcome this presumption. DENIED.