Fofana

Fofana v. Gonzales

Good Law
138 F. App'x 909
United States Court of Appeals for the Ninth CircuitJuly 5, 2005No. 03-74468California745 words

Opinion

Lead Opinion

MEMORANDUM **

Mohamed Fofana, a native and citizen of Sierra Leone, petitions for review of the Board of Immigration Appeals’ decision dismissing his appeal from an immigration judge’s (IJ) denial of his applications for asylum, withholding of deportation, and relief under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a), and we deny the petition for review.

Fofana contends the IJ’s adverse credibility determination was not adequately supported by specific, substantial, and legitimate reasons. We review that determination for substantial evidence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). While this substantial evidence standard demands deference, “we do not accept blindly an IJ’s conclusion that a petitioner is not credible.” Id. (quoting Osorio v. INS, 99 F.3d 928, 931 (9th Cir.1996)). In this case, the testimony and evidence cited by the IJ arguably do not provide a reasonable basis upon which to base an adverse credibility determination. We need not decide that question, however, because even assuming Fofana’s credibility, there is substantial evidence in the record to support the IJ’s decision to deny asylum, withholding of removal,…

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