Zaman v. Mukasey

Petitioner Mohammad Zaman, a native and citizen of Pakistan, seeks review of a January 22, 2007 order of the Board of Immigration Appeals ("BIA") affirming the August 20, 2005 decision of IJ George T. Chew denying petitioners application for withholding of removal and relief under the Convention Against Torture ("CAT"). In re Mohammad Zaman, No. A95 959 889 (B.I.A. Jan. 22, 2007), affg No. A95 959 889 (Immig. Ct. N.Y. City, Aug. 20, 2005). Zaman asks this Court to vacate the agencys decision because it was not supported by substantial evidence. Both Zaman and the Government assume, without discussion, that the IJs sparse oral decision, and the BIAs order affirming the decision, contained an "explicit credibility finding" sufficient under Diallo v. INS, 232 F.3d 279, 290 (2d Cir. 2000), to alert us to the grounds for the denial of the withholding and CAT claims. We agree with both parties assumptions that the agency did make the required explicit credibility determination, and we write to explain why, in this particular case, the IJs decision satisfied Diallo. We further conclude that the adverse credibility determination was supported by substantial evidence in the record.