OO

OO v. Mukasey

Good Law
263 F. App'x 553
United States Court of Appeals for the Ninth CircuitJanuary 7, 2008No. 06-71317California590 words

Opinion

lead Opinion

MEMORANDUM **

Min Oo, a native and citizen of Burma, petitions for review from the decision of the Board of Immigration Appeals (BIA) adopting and affirming the decision of an Immigration Judge (IJ), finding him not credible and denying his application for asylum, withholding of deportation, and relief under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 . We review both the IJ’s and the BIA’s decisions, because the BIA adopted the IJ’s decision and added reasons of its own. See Nuru v. Gonzales, 404 F.3d 1207, 1215 (9th Cir.2005). We examine the record to determine whether substantial evidence supports the conclusion that Oo is not credible. See Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002).

Oo’s testimony was detailed and consistent with his declaration. His testimony about the founding of the All Burma Student Union was not inconsistent. Oo’s continued involvement in student protests after he was no longer a student is not implausible. There is no inconsistency in his testimony about the participants in the demonstrations, which he indicated included students and passersby. Oo explained on cross-examination that he stated in his declaration…

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