Mengesha

Mengesha v. Holder

Good Law
320 F. App'x 657
United States Court of Appeals for the Ninth CircuitMarch 26, 2009No. 05-71942California263 words

Opinion

Lead Opinion

MEMORANDUM **

Afework Jemere Mengesha and his wife, natives and citizens of Ethiopia, petition for review of a Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination because Mengesha’s voluntary return trips to Ethiopia inherently undermine his testimony that he experienced past persecution or had a well-founded fear of future persecution. See Loho v. Mukasey, 531 F.3d 1016, 1018-19 (9th Cir.2008). Substantial evidence also supports the IJ’s credibility determination based on Mengesha’s submission of a fraudulent document that goes to the heart of his claim. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004). Because Mengesha’s asylum and withholding of removal claims are based on testimony the…

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