Mohamed Abdi v. Eric Holder, Jr.

MEMORANDUM

Mohamed Ibrahim Abdi petitions for review of the Board of Immigration Appeals’s (“BIA”) decision affirming the order of the Immigration Judge (“IJ”) denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We deny the petition.

Substantial evidence supports the agency’s conclusion that the petitioner was involved with the persecution or assisted in the persecution of others on account of their perceived political opinion, and therefore ineligible for asylum and withholding of removal under the persecutor bar. 8 U.S.C. § 1101 (a)(42)(A).

The IJ found that two witnesses provided detailed and credible testimony regarding their alleged abuse at the hands of the petitioner. The IJ found that the petitioner failed to credibly rebut the allegations. The BIA determined that this finding was not clearly erroneous.

Petitioner argues that the testimony of the adverse witnesses was inconsistent and rebutted. However, we only assess whether the agency determination is supported by substantial evidence in the record. Rizk v. Holder, 629 F.3d 1088, 1087 (9th Cir.2011). The fact-finder may consider the totality of…