Teka v. Ashcroft

Docket: No. 02-72331; Agency No. A76-627-457

Court: Court of Appeals for the Ninth Circuit; April 21, 2004; Federal Appellate Court

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Petitioner Abebe Teka seeks review of the Board of Immigration Appeals' (BIA) decision denying his asylum and withholding of removal requests. The immigration judge (IJ) found Teka not credible, supported by substantial evidence. Teka, a 34-year-old Ethiopian singer and songwriter, claims persecution due to his support for the All Amhara People’s Organization (AAPO) and alleges past imprisonment and torture by Ethiopian authorities. He was imprisoned twice, once for four months in 1992 and again for nine months in 1997, during which his nightclub was shut down.

Upon arriving in the U.S. in January 1998, Teka presented a false Italian passport and claimed he left Ethiopia because the government closed his restaurant, failing to mention his imprisonments or mistreatment. The IJ highlighted significant inconsistencies in Teka's testimony, including his failure to express fear of returning to Ethiopia despite his past experiences. His presentation of a fake passport further undermined his credibility.

The IJ's adverse credibility finding is supported by specific reasons, and Teka could not establish a well-founded fear of persecution, which is necessary for asylum eligibility. Consequently, he also could not meet the higher standard required for withholding of removal. The petition for review is denied, and the disposition is not to be published or cited in future cases, as per Ninth Circuit Rule 36-3.