Mekonnen

Mekonnen v. Mukasey

Good Law
259 F. App'x 986
United States Court of Appeals for the Ninth CircuitDecember 18, 2007No. 05-71581California325 words

Opinion

Lead Opinion

*987 MEMORANDUM **

Lidya Mekonnen, a native and citizen of Ethiopia, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order affirming the Immigration Judge’s (“IJ”) denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, we have jurisdiction pursuant to 8 U.S.C. § 1252 . Where, as here, the BIA adopts the decision of the IJ, we review the IJ’s decision as if it were that of the BIA. See Abebe v. Gonzales, 432 F.3d 1037, 1039 (9th Cir.2005) (en banc). We dismiss the petition in part, and deny the petition in part.

We lack jurisdiction to review the IJ’s and the BIA’s findings on Mekonnen’s untimely asylum application because it was based on disputed facts. See 8 U.S.C. § 1158 (a)(3). Accordingly, we dismiss the petition as to Mekonnen’s asylum claim.

As to Mekonnen’s withholding of removal claim, substantial evidence supports the IJ’s adverse credibility finding. Mekonnen’s omission from her asylum application of the physical abuses that she suffered during her detention and her mother’s arrest goes to the heart of her claim. See Li v. Ashcroft, 378 F.3d…

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