Essa Samasa v. Eric Holder, Jr.

Good Law
467 F. App'x 642
United States Court of Appeals for the Ninth CircuitJanuary 26, 201209-71748California275 words

Opinion

Opinion

MEMORANDUM

Essa Samasa, a native and citizen of Sierra Leone, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have juris diction under 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, including adverse credibility determinations. So we v. Mukasey, 538 F.3d 1281, 1285 (9th Cir.2008). We deny the petition for review.

Substantial evidence supports the agency’s finding that, even if credible, and even if Samasa established past persecution on account of a protected ground, the DHS had rebutted the presumption of a well-founded fear of future persecution based on changed country conditions in Sierra Leone. See id. at 1286 .

Additionally, the BIA did not abuse its discretion in denying humanitarian asylum where Samasa failed to show sufficiently severe past persecution or a reasonable possibility of other serious harm upon removal to Sierra Leone. See 8 C.F.R. § 1208.13 (b)(1 )(iii); see also Belayneh v. INS, 213 F.3d 488, 491 (9th Cir.2000). Therefore,…

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