Iva Evlogieva v. Eric H. Holder Jr.

Good Law
515 F. App'x 669
United States Court of Appeals for the Ninth CircuitApril 10, 201308-72260California434 words

Opinion

Opinion

MEMORANDUM

Iva Georgiev Evlogieva and Emil Yase-nov Tsonev petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeals from an Immigration Judge’s (“IJ”) denial of their consolidated applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

The BIA affirmed the IJ’s finding that Evlogieva failed to meet her burden of proof to establish status as a refugee because she failed to provide corroborating evidence to substantiate her claim of being Roma. Evlogieva asserts that the IJ erred by requiring corroboration without making an adverse credibility determination. Under the REAL ID Act, the IJ need not make an adverse credibility determination to require corroboration to support Evlo-gieva’s application. See Aden v. Holder, 589 F.3d 1040, 1044 (9th Cir.2009) (quoting 8 U.S.C. § 1158 (b)(l)(B)(ii): “Where the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, such evidence must be provided unless the applicant does not have the evidence and cannot…

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