Teclezghi

Teclezghi v. Gonzales

Good Law
187 F. App'x 749
United States Court of Appeals for the Ninth CircuitJune 30, 2006No. 04-70132; Agency No. A75-618-966California666 words

Opinion

Lead Opinion

*750 MEMORANDUM *

Makda Teclezghi, a native and citizen of Eritrea, petitions for review of the Board of Immigration Appeal’s (“BIA”) affirmance of the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Because the BIA affirmed on the basis of the IJ’s adverse credibility finding, we review the IJ’s decision. Rodriguez-Roman v. INS, 98 F.3d 416 , 425 n. 11 (9th Cir.1996). The facts are known to the parties and will not be repeated here.

We review the IJ’s credibility finding and determination of Teclezghi’s ineligibility for asylum for substantial evidence. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). Teclezghi claimed that she would face persecution if returned to Eritrea because she is a Jehovah’s Witness. The IJ concluded, however, that she is not a Jehovah’s Witness.

Teclezghi claims that the IJ erred by relying on the interview notes, assessment, and testimony of the asylum officer who originally interviewed Teclezghi. Teclezghi was under oath and had a translator at the interview. The IJ gave Teclezghi an opportunity to explain her statements and to cross-examine…

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