Dawit

Dawit v. Mukasey

Good Law
269 F. App'x 737
United States Court of Appeals for the Ninth CircuitMarch 12, 2008Nos. 06-72458, 06-74589California367 words

Opinion

lead Opinion

MEMORANDUM **

In these consolidated petitions, Gebriel Dawit, a native and citizen of Ethiopia, seeks review of the Board of Immigration Appeals’ (“BIA”) order adopting and af *738 firming the Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”) and the BIA’s order denying his motion to reopen his removal proceedings and to reconsider its previous order. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence and will uphold the agency’s decision unless the evidence compels a contrary conclusion. INS v. Elias-Zacarias, 502 U.S. 478, 481, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We review the denial of a motion to reopen or to reconsider for an abuse of discretion. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny the petitions for review.

Substantial evidence supports the agency’s adverse credibility determination based on the material inconsistencies between Dawit’s testimony and his affidavit. See Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir.2004). As the record does not compel the conclusion that Dawit’s testimony was credible,…

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