Manish Kumar v. Eric Holder, Jr.

Good Law
470 F. App'x 542
United States Court of Appeals for the Ninth CircuitFebruary 28, 201210-71241California253 words

Opinion

Opinion

MEMORANDUM

Adama Diallo, a native and citizen of Mauritania, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision 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 . We review for substantial evidence factual findings, Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the omission from Diallo’s initial asylum application and his 2006 declaration that he and his parents were slaves, and the discrepancy between his testimony and his application regarding whether he escaped to Senegal or was taken there by force. See Kohli v. Gonzales, 473 F.3d 1061, 1071 (9th Cir.2007); Rizk v. Holder, 629 F.3d 1083, 1088 (9th Cir.2011) (“An IJ is not obliged to provide a protracted written or oral analysis of the alien’s proffered explanation.”). In the absence of credible testimony, Diallo’s asylum and withholding of removal claims fail. See Farah, 348 F.3d at 1156 .

Because Diallo’s…

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