Abdulkerim

Abdulkerim v. Gonzales

Good Law
137 F. App'x 99
United States Court of Appeals for the Ninth CircuitJune 28, 2005No. 04-70980California273 words

Opinion

Lead Opinion

MEMORANDUM ***

Enesri Mohammed Abdulkerim petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s denial of his application for asylum, withholding of removal and relief under the Convention Against Torture (the “Convention”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

Where, as here, the BIA conducted a de novo review of the record and made an independent determination of whether relief is appropriate, this court reviews the decision of the BIA. Molinos-Morales v. INS, 237 F.3d 1048, 1050 (9th Cir.2001). The BIA’s finding that Abdulkerim submitted a fraudulent birth certificate supports an adverse credibility determination because it goes to Abdulkerim’s identity, a key element of his asylum claim. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003) (upholding adverse credibility finding where inconsistencies went to key elements of the asylum application, including identity and membership in a social group). Accordingly, substantial evidence supports the BIA’s adverse credibility determination. See Akinmade v. INS, 196 F.3d 951, 956 (9th Cir.1999).

Because Abdulkerim failed to…

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