Fofana
Fofana v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Mohamadu Fofana, a native and citizen of Guinea Bissau, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an Immigration Judge’s denial of his application for asylum and withholding of removal, and request for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the BIA’s decision unless the evidence compels a contrary conclusion. Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003). We deny the petition.
Substantial evidence supports the BIA’s denial of asylum based on an adverse credibility finding because Fofana failed to establish his identity and nationality with credible testimony. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003) (an applicant’s eligibility for asylum depends on the credible establishment of his identity). In the absence of credible testimony, Fofana also failed to provide non-duplicative, material, easily-available corroborating evidence in support of his identity and nationality. See Sidhu v. INS, 220 F.3d 1085, 1092 (9th Cir.2000).