Académique Documents
Professionnel Documents
Culture Documents
No. 10-1250
Submitted:
Decided:
September 9, 2010
PER CURIAM:
Agnes Mandjo Kalla, a native and citizen of Cameroon,
petitions for review of an order of the Board of Immigration
Appeals
(Board)
judges
decision
withholding
of
dismissing
her
denying
her
removal
and
appeal
from
the
applications
withholding
under
immigration
for
the
asylum,
Convention
1158(a),
(b)
(2006).
It
defines
refugee
as
8 U.S.C.
a
person
involves
the
or
threat
of
death,
see
C.F.R.
1208.13(a)
(2010),
and
can
establish
Without
regard
to
past
2
8 C.F.R. 1208.13(b)(1)
persecution,
an
alien
can
establish
well-founded
ground.
Ngarurih
v.
fear
of
Ashcroft,
persecution
371
F.3d
182,
on
protected
187
(4th
Cir.
2004).
Withholding of removal is available under 8 U.S.C.
1231(b)(3) if the alien shows that it is more likely than not
that her life or freedom would be threatened in the country of
removal because of her race, religion, nationality, membership
in a particular social group, or political opinion.
Gomis v.
Holder, 571 F.3d 353, 359 (4th Cir. 2009) (internal quotation
marks omitted), cert. denied, 130 S. Ct. 1048 (2010).
For asylum applications filed after the passage of the
REAL
ID
Act
of
2005,
trier
of
fact,
[c]onsidering
the
credibility
determination
on
any
inconsistency,
heart
of
the
1158(b)(1)(B)(iii)
applicants
applicants
(2006).
credibility,
an
claim[.]
[I]n
IJ
may
evaluating
rely
on
U.S.C.
an
asylum
omissions
and
of
persecution
circumstances
establish
as
that
long
the
as
the
applicant
totality
is
not
of
the
credible.
Xiu Xia Lin v. Mukasey, 534 F.3d 162, 164 (2d Cir. 2008); see
also Mitondo v. Mukasey, 523 F.3d 784, 787-88 (7th Cir. 2008)
(noting that the new statute abrogates decisions that focus on
3
findings
are
reviewed
for
substantial
cogent
statements,
reasons
evidence,
and
include
inconsistent
inherently
improbable
contradictory
testimony[.]
Tewabe
v.
Gonzales, 446 F.3d 533, 538 (4th Cir. 2006) (internal quotation
marks and citation omitted).
This
deference
to
evidence.
2004).
court
accords
credibility
Camara
v.
broad,
findings
Ashcroft,
though
supported
378
F.3d
361,
not
by
367
unlimited,
substantial
(4th
Cir.
evidence.
judge
cannot
reject
documentary
without
specific,
Kourouma v.
determination
regarding
eligibility
for
asylum
or
INS v. Elias-
Administrative findings of
8 U.S.C. 1252(b)(4)(B)
Elias-
Zacarias, 502 U.S. at 483-84; see Rusu v. INS, 296 F.3d 316, 325
n.14 (4th Cir. 2002).
We
conclude
that
substantial
persecution
or
evidence
supports
the
well-founded
fear
of
persecution,
her
relief
under
the
CAT.
See
C.F.R.
208.16(c)(1,
2)
(2010).
Accordingly,
dispense
with
oral
we
deny
argument
the
petition
because
the
for
facts
review.
and
We
legal
PETITION DENIED