Tedla

Tedla v. Gonzales

Good Law
170 F. App'x 474
United States Court of Appeals for the Ninth CircuitMarch 8, 2006No. 04-72864California389 words

Opinion

Lead Opinion

MEMORANDUM **

Habtemariam Teklebrhan Tedia, a native and citizen of Eritrea, petitions for review from a summary affirmance by the Board of Immigration Appeals (BIA) of the decision of an Immigration Judge (IJ), denying his application for political asylum, withholding of deportation, and relief under the Convention Against Torture (CAT). Because the evidence does not compel us to reverse the IJ’s negative credibility determination, we deny the petition.

We review the IJ’s opinion because the BIA adopted it as the final agency decision. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004). The IJ must support his credibility determination with specific and cogent reasons that go to the heart of Tedla’s claim. See id. We reverse a credibility determination only if the applicant presented evidence “so compelling that no reasonable factfinder could find that the petitioner was not credible.” Shire v. Ashcroft, 388 F.3d 1288, 1295 (9th Cir.2004).

The IJ noted that Tedla’s military service card stated that he served only until 1996, while Tedia testified that he served in the military until 1999. Tedla’s explanation was that cards were given out before service, while his lawyer…

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