Afeworki

Afeworki v. Mukasey

Good Law
270 F. App'x 595
United States Court of Appeals for the Ninth CircuitMarch 18, 2008No. 04-74149California246 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Asmeret Afeworki (Afeworki) petitions for review of the denial of her application for asylum, withholding of re *596 moval and relief under the Convention Against Torture (CAT).

Afeworki’s presentation of fraudulent documents to support her assertion that she was of Eritrean descent, coupled with her inconsistent testimony regarding the procurement of those documents, constitute substantial evidence supporting the Immigration Judge’s adverse credibility finding and the denial of Afeworki’s requests for asylum and withholding of removal. See Akinmade v. I.N.S., 196 F.3d 951, 955-56 (9th Cir.1999) (explaining that false documents submitted to establish the elements of an asylum claim may support an adverse credibility determination); see also Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003) (affirming the denial of asylum and withholding of removal where adverse credibility determination supported by substantial evidence).

Because Afeworki’s CAT claim is “based on the same statements ... that the [Board of Immigration Appeals] determined to be not credible” we “must ... affirm the rejection of [Afeworki’s] claim under the [CAT].” Id. at 1157…

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