Tabt

Tabt v. Ashcroft

Good Law
103 F. App'x 90
United States Court of Appeals for the Ninth CircuitJune 9, 2004No. 02-74174California1,193 words

Opinion

Lead Opinion

MEMORANDUM **

Abdo Mohamed-Nagi Tabt, a native and citizen of Yemen, petitions for review of an order of the Board of Immigration Appeals (“BIA”) summarily affirming without opinion the decision of the Immigration Judge (“IJ”). In summary affirmance cases, we review the IJ’s order as the agency’s final decision. Fajardo v. INS, 300 F.3d 1018 , 1019 n. 1 (9th Cir.2002). Tabt also has moved to extend the period of his voluntary departure.

Petition for Review

The IJ found that Tabt was not credible and accordingly denied his applications for asylum, withholding of removal, and relief under Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

Tabt claims that, because of his tribal and political affiliations, he was targeted for a “revenge killing” in Yemen. He ultimately testified about three separate attempts on his life. Tabt’s testimony with respect to one of these incidents (the “Land Rover incident”) was consistent throughout the application and hearing process. The IJ refused to admit or consider two letters from officials in…

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