Gorou
Gorou v. Ashcroft
Opinion
Dissenting Opinion
Kleinfeld, J.
Circuit Judge.
I respectfully dissent from that portion of the majority’s memorandum disposition that remands this case for further proceedings, as Gorou did not argue in his brief that the IJ failed to account adequately for the documentary evidence or that he was entitled to relief under the Convention Against Torture. I concur in the remainder of the memorandum disposition.
Lead Opinion
MEMORANDUM *
Gorou argues that he never received adequate warning about the consequences of filing a frivolous application, which is required by statute and regulations. 1 We have never had occasion to decide what makes for adequate notice in this context. We need not do so here because the government was compelled at oral argument to concede that the adequacy of the warning in this case could not be shown. Therefore, we grant the petition for review with respect to the IJ’s finding that Gor-ou’s application was frivolous.
In rejecting Gorou’s application, the IJ made an adverse credibility determination, which Gorou challenges here. We may only reject the IJ’s adverse credibility determination if the “evidence presented would compel a reasonable finder of fact to reach a contrary result.” 2 Here, the IJ supported his credibility determination with legitimate, specific, and cogent reasons, including Gorou’s having told an entirely different story in Greece. 3 We thus have no reason to reject that determination.
The INS’s use of the documented story in Greece as impeachment evidence did not violate due process. The evidence came in to impeach testimony that Gorou had just given.…