Yam Bahadur Shreesh v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
YAM BAHADUR SHREESH,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 12-73664
Agency No. A200-628-658
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted June 1, 2015
Pasadena, California
Before: FERNANDEZ and BEA, Circuit Judges and MARQUEZ,** District Judge.
Yam Bahadur Shreesh petitions for review of the denial of his application
for asylum, withholding of removal, and relief under the Convention Against
Torture. The Board of Immigration Appeals (“BIA”) affirmed the denial of Mr.
Shreesh’s application on the basis of an adverse credibility determination and a
FILED
JUN 17 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The Honorable Rosemary Marquez, District Judge for the U.S.
District Court for the District of Arizona, sitting by designation.

-- 1 of 2 --

finding that Mr. Shreesh had provided material support to a designated terrorist
organization. The government concedes that the BIA’s material support bar
determination is erroneous because, at the time Mr. Shreesh provided money to the
Maoists, the Maoists had not yet been designated as a terrorist organization. The
BIA’s adverse credibility determination, however, is supported by substantial
evidence. Under the substantial evidence standard, the BIA’s credibility
determination is “conclusive unless any reasonable adjudicator would be
compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B); see also Rizk v.
Holder, 629 F.3d 1083, 1087 (9th Cir. 2011); Malkandi v. Holder, 576 F.3d 906,
917 (9th Cir. 2008). Mr. Shreesh failed to produce evidence which would compel
a reasonable trier of fact to conclude that the BIA did not have grounds for an
adverse credibility determination based on (1) Mr. Shreesh’s demeanor when
testifying and (2) doubts raised by the hospital report submitted by Mr. Shreesh in
support of his application.
Petition for Review DENIED.

-- 2 of 2 --