Wati

Wati v. Holder

Good Law
334 F. App'x 138
United States Court of Appeals for the Ninth CircuitOctober 21, 2009Nos. 06-75199, 07-71348California388 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions, Satya Wati, a native and citizen of Fiji, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision *139 denying her application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”), and the BIA’s order denying her motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), de novo constitutional violations, and for abuse of discretion the denial of a motion to reopen, Lin v. Ashcroft, 377 F.3d 1014, 1023 (9th Cir.2004). We deny both petitions for review.

Substantial evidence supports the BIA’s adverse credibility finding based on the omission from Wati’s asylum application of her beating, rape and interrogation by Fijian natives and its omission of her brother’s arrest and beating, see Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and based on Wati’s failure to explain these the omissions when given the opportunity, see Kaur v. Gonzales, 418 F.3d 1061, 1066-67 (9th Cir.2005). Accordingly, in the absence of…

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