Fofona

Fofona v. Holder

Good Law
327 F. App'x 42
United States Court of Appeals for the Ninth CircuitMay 21, 2009No. 06-70645California350 words

Opinion

Lead Opinion

MEMORANDUM **

Maudo L. Fofona, a native and citizen of Gambia, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed under 8 U.S.C. § 1252 . We review the agency’s credibility determination for substantial evidence. See Wang v. Ashcroft, 341 F.3d 1015, 1021 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

Fofona submitted a fraudulent Sierra Leonian identity card and fraudulent birth certificate that were central to his claim, and the evidence establishes that he knew the documents were fraudulent. Substantial evidence supports the agency’s adverse credibility finding based upon his submission of these fraudulent documents. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004) (fraudulent documents going to heart of claim may justify adverse credibility finding). Therefore, his asylum and withholding claims fail.

The IJ’s finding that Fofona filed a frivolous asylum application is also supported. See Ahir v. Mukasey,…

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