Ferguson

Ferguson v. Gonzales

Good Law
185 F. App'x 674
United States Court of Appeals for the Ninth CircuitJune 19, 2006No. 05-70864California296 words

Opinion

Lead Opinion

MEMORANDUM *

Donald Hugh Ferguson, a native and citizen of Belize, petitions for review of an order by the Board of Immigration Appeals (“BIA”) that affirmed without opinion an Immigration Judge’s (“IJ”) denial of Ferguson’s application for relief under the Convention Against Torture (“CAT”). We deny the petition.

Ferguson argues that the IJ violated his due process rights by failing to credit his testimony and by requiring corroboration. Ferguson is correct that the IJ may not require corroborating evidence where, as here, no adverse credibility determination has been made. Kataria v. INS, 232 F.3d 1107, 1114 (9th Cir.2000). The record, however, does not support Ferguson’s contention that the IJ disregarded his testimony or required corroborating evidence. Instead, the IJ stated in his decision that he was giving “full credence” to the testimony but found it insufficient to establish a nexus between Ferguson’s fears and the actions of Belizean government officials. Likewise, because Ferguson’s testimony was given full weight by the IJ, the BIA did not abuse its discretion in failing to discuss the corroborating evidence that Ferguson submitted with his appeal to the…

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