Académique Documents
Professionnel Documents
Culture Documents
No. 97-1714
JAARAH SALIFU,
Petitioner,
v.
Respondent.
____________________
Before
____________________
on brief
petitioner.
Ellen
Sue Shapiro,
____________________
Immigration Litigation,
Senior
Litigation
Counsel,
Office
of Justice, Fr
__
____________________
Jaarah Salifu
appeals a
which affirmed an
deportation.
8 U.S.C.
decision of
1158, 1253(h).
the
immigration
and withholding of
We affirm.
1993.
an exclusion
hearing on
excludability but
November 9,
petitioned for
proceedings.
1993, Salifu
At
conceded
of
the basis
Evidentiary hearings on
on March
organizing
secretary of
The
next
day,
Salifu
Party, which
participated
in
demonstration
protesting fraud
dispersed by
in the
army
election.
and police
The demonstrators
officers,
and a
were
curfew
was
Salifu
took
at home
and
affidavit states
during which
the
that
she was
officers told
her to
her she
held
police station.
for about
raped twice.
was
Salifu
being held
two
The
weeks,
claims that
because of
her
-3-3-
never returned.
The
officer
agreed to help
suggested that
she go
to stay
with her
home.
Her mother
grandmother, which
Salifu did.
After
that she
took
three months
with
her grandmother,
Salifu said
decided to contact a
friend in Accra.
The friend
Salifu in
country.
and promised
to
help her
escape from
the
in the
name of
States.
photographs.
During
an airline ticket to
the
flight,
Salifu
the United
destroyed
the
Salifu was
New
York.
The official
searched her
upon arrival in
bag and
removed the
handwritten
letter.
that the
Salifu claims
in her possession
respects, but
was
not
letter was
activist who
she did
not in others,
details
was unaware
until it
experience of a New
raped; the
write the
was found.
Patriotic Party
are similar
to Salifu's statements
in
some
in her
asylum affidavit.
The
requested
but
INS
official
interrogated
Salifu.
She
no interpreter
converse
then
was
available.
Salifu
attempted
to
-4-4-
Salifu's
This
at the
possession and
a memorandum that
wrote "to
The
concluding
immigration
judge
wrote
detailed
inability
to
or
inconsistencies
affidavit, and
petition.
carried her
refusal
between
answer
her
live
simple
stand, her
the
and
airport
of her asylum
burden of proving
This
questions,
testimony,
The immigration
opinion
Salifu not
a "well-founded
fear of
persecution" on
Alvarez-Flores v.
______________
appeal,
the
account of
Board
of
her political
1, 3
Immigration
opinion.
Appeals
affirmed
On
the
Salifu's argument on
on the
long as
as a whole."
Cordero-Trejo v.
_____________
Cir.
We think
1994).
clearly
that the
erroneous in concluding
not convincing.
As the
INS, 40
___
immigration judge
was not
-5-
(1st
"sufficient
-5-
inconsistencies
in the
testimony,
asylum application,
and
decision
1994).
noting
in Cordero-Trejo
_____________
v.
In Cordero-Trejo, we
_____________
that
the
immigration
INS, 40
___
reversed a
judge's
F.3d
482 (1st
denial of
adverse
our
Cir.
asylum,
credibility
unique
vantage
point
of the
factfinder,
such
the
as witness
immigration
judge
in
Id. at 491.
___
Cordero-Trejo
_____________
Rather, the
discredited
the
patently
unreasonable
Salifu makes a
by
documentary
of
from Cordero-Trejo to
_____________
testimony must
directly refuted
of credibility does
well-founded fear
or
persecution.
Salifu quotes
be evaluated
in the
she has a
language
asylum applicant's
context of
documentary
evidence of the
country.
to
determine whether a
asylum
petitioner
subjective
__________
must
information is relevant
petitioner's fear of
objectively "well-founded."
applicant's home
persecution is
But as a threshold
prove
fear of persecution.
-6-6-
that
she
has
matter, the
an
actual
claim
must
be
"established
via the
applicant's
credible
________
Cordero-Trejo, 40
_____________
F.3d
Salifu
admitting
argues
into
photographs seized
INS
that
evidence
the
immigration
the
from her at
judge
handwritten
erred
letter
in
and
as the
harmless.
Rodriguez-Hernandez v.
___________________
Miranda-Velez,
_____________
132 F.3d
The
to Salifu.
was irrelevant.
tended
somewhat to
"coached in her
story was
asserts
story" before
untrue in
that
specifically,
was
no
not been
the
chance
foundation
Salifu
was
and that
the
On appeal,
for
the
no independent proof
altered.
that
leaving Ghana,
material respects.
there
it had
increase
The letter
However,
Salifu
letter,
that the
this objection
was not
-7-7-
is deemed waived.
of
persecution and
political opinion.
definitions
Because the
Board
correctly
affirmed
the
regarding credibility,
eligibility
arguments.
immigration
we do
judge's
Because she
does
conclusion
additional
not qualify
for
asylum, Salifu also does not meet the more demanding standard
for
withholding of deportation.
4.
Affirmed.
________
-8-8-