Abayu

Abayu v. Mukasey

Good Law
306 F. App'x 368
United States Court of Appeals for the Ninth CircuitDecember 30, 2008No. 04-70982California326 words

Opinion

Lead Opinion

MEMORANDUM **

Atenafu Abeyu Abayu, a native and citizen of Ethiopia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence adverse credibility findings. Singh-Kaur v. INS, 188 F.3d 1147 , 1149 (9th Cir.1999). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination because the inconsistency between Abayu’s testimony and documentary evidence regarding his ethnic identity and membership in the Eritrean social group, goes to the heart of his claim. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). Moreover, the record does not compel reversal of the IJ’s demeanor finding based on Abayu’s failure to convey any subjective sense of fear, and on his nonresponsiveness. See Singh-Kaur, 183 F.3d at 1151 (9th Cir.1999) (demeanor-based adverse credibility determinations are entitled to “special deference”).…

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