Woldemariam

Woldemariam v. Ashcroft

Good Law
92 F. App'x 537
United States Court of Appeals for the Ninth CircuitMarch 26, 2004No. 02-72083California399 words

Opinion

Lead Opinion

MEMORANDUM **

Ghilay Kidane Woldemariam, a native and citizen of Eritrea, petitions for review *538 of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“I J”) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

Kidane’s challenge to the BIA’s summary affirmance procedure is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 849-50 (9th Cir.2003). To the extent Kidane contends that the BIA violated due process by failing to consider new arguments and evidence presented for the first time to the Board, we reject this contention because the record reveals that he raised no new issues or evidence in his brief to the BIA.

Kidane also challenges the IJ’s adverse credibility determination, which we review under a substantial evidence standard. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 658 (9th Cir.2003). The determination must be upheld, however, because the IJ made an express credibility finding and offered specific, cogent reasons for disbelief, which go to the heart of Kidane’s…

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