Fafanah

Fafanah v. Holder

Good Law
313 F. App'x 35
United States Court of Appeals for the Ninth CircuitFebruary 13, 2009No. 07-73303California634 words

Opinion

Lead Opinion

MEMORANDUM *

Habibu Fofanah, 1 a native and citizen of Sierra Leone, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and voluntary departure. We have jurisdiction under 8 U.S.C. § 1252 . The BIA adopted and affirmed the IJ’s decision regarding asylum, withholding of removal, CAT relief, and voluntary departure, citing Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994). We therefore review the IJ’s decision as if it were that of the BIA, as well as any additional reasoning offered by the BIA. See Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008) (citing Abebe v. Gonzales, 432 F.3d 1037, 1040 (9th Cir.2005) (en banc)). We review the agency’s factual findings for substantial evidence. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). Under the substantial evidence standard, “administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B). Thus, we must uphold the agency’s determination if it is…

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