Osman

Osman v. Gonzales

Good Law
203 F. App'x 842
United States Court of Appeals for the Ninth CircuitOctober 30, 2006No. 04-73055California1,230 words

Opinion

Lead Opinion

MEMORANDUM *

Zainabu Ally Osman, a native and citizen of Somalia, petitions for review of the Board of Immigration Appeals’ (BIA) denial of her petition for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Osman petitions for asylum on two grounds. First, she fears female genital mutilation if returned to Somalia. Second, she fears persecution as a member of a minority tribe and because her father was a soldier in the army of Siad Barre, the former leader of that country.

The IJ denied her petition because she found that Osman was not credible and, as *844 a result, she could not establish that she filed for asylum within the one-year deadline, that she satisfied the substantive criteria for relief, or even that she was who she claimed to be. The BIA adopted and affirmed the IJ’s decision pursuant to Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994). Because the BIA adopted the IJ’s decision, and expressed no disagreement with it, we review that decision as if it were the BIA’s. See Abebe v. Gonzales, 432 F.3d 1037, 1039-41 (9th Cir.2005) (en banc). On appeal, Osman contends that the IJ erred in finding her to not be credible. We…

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