Gakawa

Gakawa v. Mukasey

Good Law
270 F. App'x 581
United States Court of Appeals for the Ninth CircuitMarch 17, 2008No. 05-72269California558 words

Opinion

Lead Opinion

MEMORANDUM ***

Gakawa Ramazani (“Gakawa”), a Rwandan citizen, seeks review of the Board of *582 Immigration Appeal’s (“BIA”) order adopting and affirming the Immigration Judge’s (“IJ”) denial of petitioner’s application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).

When, as here, the BIA affirms and adopts the IJ’s findings and reasoning, this court reviews the IJ’s opinion as if it were that of the BIA, applying the substantial evidence standard. See Singh-Kaur v. INS, 183 F.3d 1147, 1149-50 (9th Cir.1999). Reversal is permitted only where the petitioner can establish the evidence on the record was so compelling that no reasonable fact finder could have failed to find the petitioner statutorily qualified for asylum and withholding. Id. at 1150 ; see also 8 U.S.C. § 1252 (b)(4)(B).

1. Substantial evidence supports the BIA’s denial of petitioner’s asylum, withholding of removal, and CAT claims based on the IJ’s adverse credibility finding. That denial was supported by at least one material inconsistency in the record which petitioner had a reasonable opportunity to explain.

Petitioner’s failure to mention the arrest warrant he…

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