Wati

Wati v. Holder

Good Law
364 F. App'x 332
United States Court of Appeals for the Ninth CircuitFebruary 1, 201006-75199, 07-71348California449 words

Opinion

Opinion

ORDER

Wati’s petition for panel rehearing is granted. The memorandum disposition filed on October 21, 2009 is withdrawn. A replacement memorandum disposition will be filed concurrently with this order.

No further filings shall be accepted in this closed case.

MEMORANDUM

In these consolidated petitions, Satya Wati, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”), and the BIA’s order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), de novo constitutional violations, and for abuse of discretion the denial of a motion to reopen, Lin v. Ashcroft, 377 F.3d 1014, 1023 (9th Cir.2004). We deny both petitions for review.

Substantial evidence supports the BIA’s adverse credibility finding based on the omission from Wati’s asylum application of her beating, rape and interrogation by Fijian natives and its omission of her…

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