Tekle

Tekle v. Mukasey

Good Law
United States Court of Appeals for the Ninth CircuitJuly 17, 200805-76841California6,072 words

Opinion

Opinion

I. Background

Tekle is a citizen of Ethiopia and a member of the Oromo racial group. Her husband is also a citizen of Ethiopia and an Oromo. Tekle entered the United States on February 23, 2003 with a valid B-2 visitor’s visa. She applied for asylum on Feb- ruary 12, 2004.1 Her application was referred to an IJ, who conducted a merits hearing on July 22, 2004. At that hearing, Tekle testified that security agents of the Ethiopian govern- ment had arrested and tortured her on account of her active membership in the Oromo Liberation Front (“OLF”), a politi- cal organization that supports independence for the Oromo people. Her brother, a lawful permanent resident of the United States, testified on her behalf.

We observe that immediately prior to Tekle’s testimony, the IJ offered the following comment for the record:

I have one other comment, and again, I don’t care if the 9th Circuit wants to report this to my supervisor. The 9th Circuit does not comply with Supreme Court law with regard to asylum. While I am in the 9th Cir- cuit and have to comply, I do note that they don’t really care what Immigration [J]udges do. If an Immigration [J]udge makes an adverse credibility…

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