Tunkara

Tunkara v. Gonzales

Good Law
239 F. App'x 394
United States Court of Appeals for the Ninth CircuitAugust 28, 2007No. 05-76409California504 words

Opinion

Lead Opinion

*395 MEMORANDUM **

Darbo Tunkara petitions for review of an order of the Board of Immigration Appeals affirming the Immigration Judge’s denial of asylum, withholding of removal, and relief under the Convention Against Torture. Because the parties are familiar with the facts and proceedings below, we do not recite them here. We deny the petition.

While this court has recognized that inconsistencies due to poor application drafting should not be counted against an applicant’s credibility, the IJ may discredit the applicant if “a dramatic, pivotal event [ ] had been omitted from his asylum applications.” Alvarez-Santos v. I.N.S., 332 F.3d 1245, 1254 (9th Cir.2003). Here, Tunkara omitted the murder of his sister and mother in his application, and neglected to mention that he himself was tortured by his captors. Further, Tunkara seems to argue that his family was targeted by both the government and the rebels. Because the identity of the perpetrator is clearly at the heart of any asylum request, the inconsistency here makes it impossible to discern Tunkara’s claim. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004). In light of these inconsistencies and omissions, substantial…

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