Fubara

Fubara v. Holder

Good Law
356 F. App'x 43
United States Court of Appeals for the Ninth CircuitNovember 20, 200905-73537California377 words

Opinion

Opinion

MEMORANDUM

Jane Inye Fubara, a native and citizen of Nigeria, petitions for review of a final decision issued by the Board of Immigration Appeals (“BIA”), affirming an Immigration Judge’s (“IJ”) denial of cancellation of removal from the United States. We deny the petition for review.

“Where, as here, the BIA adopts the IJ’s decision while adding its own reasons, we review both decisions.” Katana v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). Credibility findings by the IJ and the BIA are reviewed for substantial evidence. Ramos-Vasquez v. INS, 57 F.3d 857, 861 (9th Cir.1995). To reverse the BIA’s findings, the court must find that the evidence not only supports the opposite conclusion, but compels it. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); Singh v. INS, 134 F.3d 962, 966 (9th Cir.1998).

Substantial evidence supports the IJ’s credibility determination that Fubara’s marriage was not bona fide and that Fu-bara is thus deportable. See 8 U.S.C. § 1227 (a)(1)(G). Among other evidence, the IJ relied on a sworn statement to the INS by Fubara’s ex-husband, Daryl Willis, acknowledging that Fubara had paid Willis as much as $1,000 to marry her…

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