Gueming Nenkam v. Ashcroft

Good Law
113 F. App'x 826
United States Court of Appeals for the Ninth CircuitNovember 17, 2004No. 03-70626California393 words

Opinion

Lead Opinion

MEMORANDUM *

Aliance Sylvie Gueming-Nenkam, a native and citizen of Cameroon, claimed persecution on account of her membership in the Bamileke tribe and her political activities as part of the Social Democratic Front. The Immigration Judge (“IJ”) denied Gueming-Nenkam’s applications for asylum, voluntary departure, withholding of removal and protection under the Convention Against Torture. The IJ denied her applications based on his adverse credibility determination and found that her application was frivolous under 8 U.S.C. § 1158 (d)(6). Gueming-Nenkam petitions for review of the Board of Immigration Appeals’ (“BIA’s”) streamlined decision affirming the IJ’s decision. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we affirm in part and reverse in part.

First, the BIA did not violate Gueming-Nenkam’s due process rights in summarily affirming the IJ’s decision. Falcon Carriche v. Ashcroft, 350 F.3d 845, 850 (9th Cir.2003).

Second, Gueming-Nenkam challenges the IJ’s adverse credibility determination in numerous respects. At least as to the suspect nature of the arrest warrant and Gueming-Nenkam’s failure to seek asylum in France, the IJ’s credibility findings are…

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