Haymanout Ferede Workenhe v. Eric H. Holder Jr.

Good Law
542 F. App'x 624
United States Court of Appeals for the Ninth CircuitOctober 18, 201308-73733California678 words

Opinion

Opinion

MEMORANDUM

Haymanout Ferede Workenhe petitions for review of the decision of the Board of Immigration Appeals (BIA), affirming the immigration judge’s (IJ) (1) denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) and (2) denial of her claim (alleged in her 2001 remand motion) of a well-founded fear of future persecution based on her ethnicity and membership in the AJI Amharic People’s Organization (AAPO) in light of changed country conditions in Ethiopia. We have jurisdiction under 8 U.S.C. § 1252 . We dismiss in part and deny in part the petition for review.

1. Workenhe filed her application for asylum in 1996; therefore we apply pre-REAL ID Act standards. See Kaur v. Gonzales, 418 F.3d 1061 , 1064 n. 1 (9th Cir.2005). “Under the pre-REAL ID Act standards, this court reviews adverse credibility determinations under a substantial evidence standard.” Lei Li v. Holder, 629 F.3d 1154, 1157 (9th Cir.2011). Under that standard, the IJ’s adverse credibility finding “will be upheld unless the evidence compels a contrary result.” Id. We must affirm the BIA’s finding if one of the bases for the adverse credibility…

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