Ibeagwa
Ibeagwa v. Mukasey
Opinion
Lead Opinion
MEMORANDUM *
Josiah Sunday Ibeagwa petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). Ibeagwa claims that he was persecuted and severely harmed by the Nigerian government for his participation in the Ijaw Youth Council, a dissident political group operating in the Niger River Delta region of Nigeria. The BIA affirmed the Immigration Judge’s (“IJ”) determination that Ibeagwa was not credible, and had failed to provide corroborating evidence of his identity as the son of a prominent local chief in the village of Odi. On appeal, Ibeagwa raises several statutory interpretation issues regarding the REAL ID Act. He also challenges the denial of his request for CAT relief. We deny the petition on all grounds.
Ibeagwa was found removable on multiple grounds, but the IJ specifically *9 declined to find that Ibeagwa’s conviction for violating California Penal Code § 487(a) (grand theft) constituted an aggravated felony in light of Penuliar v. Ashcroft, 395 F.3d 1037 (9th Cir.2005). 1 Subsequent to that decision, however, the Supreme Court vacated Penuliar…