Oseitutu

Oseitutu v. Holder

Good Law
365 F. App'x 904
United States Court of Appeals for the Ninth CircuitFebruary 22, 201005-74027California646 words

Opinion

Opinion

MEMORANDUM

Jacob Osei Tutu, a native and citizen of Ghana, petitions for review of a decision by the Board of Immigration Appeals (BIA) affirming the decision of an immigration judge (IJ) finding him not credible and denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 . Because the BIA adopted the IJ’s decision as the final agency determination, we re-

view the IJ’s decision directly. See Mashiri v. Ashcroft, 383 F.3d 1112, 1118 (9th Cir.2004). We review for substantial evidence, and will reverse only if the evidence compels the contrary conclusion. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Though we find substantial evidence does not support the IJ’s adverse credibility determination, because Tutu did not establish a well founded fear of future persecution, we deny the petition for review.

The IJ found Tutu incredible, citing three major inconsistencies in Tutu’s testimony, two minor inconsistencies, and demeanor evidence. First, the IJ’s citation of the general lack of detail in Tutu’s asylum application, without more, is…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.