Gebru
Gebru v. Gonzales
Opinion
Lead Opinion
MEMORANDUM ***
Azeb Mirutse Gebru, a native and citizen of Ethiopia, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision adopting and affirming an immigration judge’s (“IJ”) denial of her application for' asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, see Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997), and deny the petition.
Substantial evidence supports the IJ’s adverse credibility finding because petitioner’s testimony was inconsistent with her application for asylum. Because the factual discrepancies went to the heart of her asylum claim, substantial evidence supports the denial of asylum. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). It follows that Gebru did not satisfy the more stringent standard for withholding of removal. See Lata v. INS, 204 F.3d 1241, 1244 (9th Cir.2000).
Gebru’s contention that she was denied due process when the IJ excluded the testimony of two percipient witnesses at her hearing fails because she has not shown that her case was prejudiced by the absence of this testimony. See Munoz v. Ashcroft, 339 F.3d 950, 955 (9th Cir.2003).