Adem

Adem v. Gonzales

Good Law
175 F. App'x 885
United States Court of Appeals for the Ninth CircuitApril 12, 2006No. 04-70065California735 words

Opinion

Lead Opinion

MEMORANDUM **

Abdelnur Hibu Adem, a native and citizen of Ethiopia, seeks review of the Board of Immigration Appeals’ (“BIA”) denial of his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”), and the BIA’s denial of his motion to reopen proceedings.

We have jurisdiction under 8 U.S.C. § 1252 (a). We review for substantial evidence the BIA’s decision that an applicant has not established eligibility for asylum, withholding of removal, and relief under CAT, and will not reverse unless the evidence compels us to do so. Kumar v. Gonzales, 435 F.3d 1019, 1024 (9th Cir. 2006). We review for an abuse of discretion the denial of Adem’s motion to reopen. Bhasin v. Gonzales, 423 F.3d 977, 983 (9th Cir.2005). We review de novo Adem’s due process claims. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000).

I

No explicit adverse credibility determination was made against Adem. We therefore take his testimony as true. See Navas v. INS, 217 F.3d 646 , 652 n. 3 (9th Cir.2000) (‘Where the BIA does not make an explicit adverse credibility finding, we must assume the applicant’s factual contentions are true.”). Nonetheless, the evidence in the…

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