Saydarous
Saydarous v. Gonzales
Opinion
Lead Opinion
MEMORANDUM *
Boushra Shenouda Said (“Said”) and, derivatively, his wife Fomaya Salyb Saydarous (collectively “petitioners”), natives and citizens of Egypt, petition for review of a decision of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) denial of their applications for asylum, withholding of removal, and relief under the United Nations Convention Against Torture (“CAT”). Petitioners also argue that the BIA’s affirmance is unconstitutional. Finally, petitioners seek *638 review of the BIA’s denial of their motion to reopen and reconsider their case based on new evidence.
A. Asylum, Withholding, and CAT Protection
In the hearing before the IJ, Said testified to having received repeated death threats from Muslim extremists and having suffered an abusive police detention in Egypt on account of being a Coptic Christian. Apparently disbelieving his testimony, the IJ did not consider these events in concluding that Said had not established past persecution.
The IJ’s adverse credibility findings, which we review for substantial evidence, Chen v. Ashcroft, 362 F.3d 611, 616 (9th Cir.2004), were too speculative to be supportable. For example, the IJ…