Jarju

Jarju v. Gonzales

Good Law
127 F. App'x 382
United States Court of Appeals for the Ninth CircuitMay 3, 2005Nos. 03-71769, 04-71283California284 words

Opinion

Lead Opinion

MEMORANDUM ***

Bakary Jarju, a native and citizen of Gambia, petitions for review of decisions of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal, and denying his motion to reopen.

Substantial evidence supports the BIA’s finding that Jarju did not demonstrate past persecution or a well-founded fear of persecution on the basis of a protected ground. The record justifies the BIA’s conclusion that Jarju’s testimony was too vague to support his claim, and that a well-founded fear of persecution was inconsistent with Jarju’s apparent ability to live without incident (and with official employment) prior to his departure.

The IJ’s momentary confusion of the facts of Jarju’s case with that of another applicant did not affect the outcome of the case and fell far short of depriving Jarju of due process. Cf. Cortez-Acosta v. INS, 234 F.3d 476, 482 (9th Cir.2000) (granting petition where the court noted possible confusion of cases when the IJ was trying to recollect what happened after the fact).

Because Jarju did not show eligibility for asylum, he necessarily fails to meet…

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