Ab-Gebru

Ab-Gebru v. Gonzales

Good Law
125 F. App'x 882
United States Court of Appeals for the Ninth CircuitApril 11, 2005No. 03-74302; Agency No. A79-495-180California372 words

Opinion

Lead Opinion

MEMORANDUM ***

Semere Ab-Gebru, a.k.a. Semere-ab Gebru (“Gebru”), a native and citizen of *883 Ethiopia of Eritrean descent, petitions for review from the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an IJ’s factual findings, Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995), and we review de novo due process contentions, Lopez-Urenda v. Ashcroft, 345 F.3d 788, 791 (9th Cir.2003). We deny the petition for review.

We accept Gebru’s testimony as true because the IJ did not make an explicit adverse credibility finding. See Kalubi v. Ashcroft, 364 F.3d 1134, 1137 (9th Cir.2004). Substantial evidence supports the IJ’s determination that Gebru failed to establish his eligibility for asylum. The record does not compel the conclusion that Gebru suffered past persecution based on his arrest and detention by Ethiopian authorities or that he has a well-founded fear of future persecution based on the potential for deportation from Ethiopia. See Ghaly, 58 F.3d at 1431 .

Because Gebru did not meet the…

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