Ikhtiyor Khamroev v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
IKHTIYOR KHAMROEV,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-70954
Agency No. A099-999-120
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted June 5, 2014
Seattle, Washington
Before: GOODWIN, McKEOWN, and WATFORD, Circuit Judges.
1. Substantial evidence supports the immigration judge’s (IJ’s) conclusion
that Ikhtiyor Khamroev did not testify credibly. The IJ identified multiple
inconsistencies in Khamroev’s testimony, one of which was particularly
significant. Specifically, Khamroev was able to obtain a certificate of good
FILED
JUN 19 2014
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

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behavior in support of his visa application from the president of his state
university. The IJ found this fact inconsistent with Khamroev’s other testimony
that he was an “enemy of the state” under constant surveillance by the police and
that university officials had forced his student group off campus because of his
political activities. This inconsistency goes to the heart of Khamroev’s claim that
he suffered persecution as an enemy of the state under constant surveillance.
Khamroev failed to offer a “reasonable and plausible” explanation for this
inconsistency in his testimony. See Rizk v. Holder, 629 F.3d 1083, 1088 (9th Cir.
2011).
2. Without the benefit of credible testimony, Khamroev has failed to meet
his burden for withholding of removal or protection under the Convention Against
Torture. See 8 U.S.C. 1231(b)(3)(C); 8 C.F.R. § 208.16(c)(2).
3. We lack jurisdiction to review Khamroev’s petition for humanitarian
asylum, as he did not raise that issue before the BIA. See Barron v. Ashcroft, 358
F.3d 674, 677 (9th Cir. 2004).
PETITION DENIED.

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