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Geda v. Ashcroft

Citation: 113 F. App'x 251Docket: No. 03-70448

Court: Court of Appeals for the Ninth Circuit; November 9, 2004; Federal Appellate Court

Narrative Opinion Summary

Selamawit Dejene Geda appeals the Board of Immigration Appeals' (BIA) decision affirming an Immigration Judge's (IJ) denial of her applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Jurisdiction is established under 8 U.S.C. § 1252(b). The BIA's affirmation without opinion necessitates a review of the IJ's decision, which is considered the final agency determination. The IJ's adverse credibility finding regarding Geda is supported by substantial evidence, including inconsistencies between her written submissions and oral testimony, contradictions with her former husband's statements, and implausible elements in her testimony that appeared fabricated to align with the objective evidence. These inconsistencies are critical to Geda's asylum claim. The appeal is denied, and the disposition is not for publication, thus not citable in future cases except as permitted by Ninth Circuit Rule 36-3.

Legal Issues Addressed

Adverse Credibility Determination

Application: The IJ's adverse credibility finding is upheld due to substantial evidence of inconsistencies in the applicant's testimony and written submissions.

Reasoning: The IJ's adverse credibility finding regarding Geda is supported by substantial evidence, including inconsistencies between her written submissions and oral testimony, contradictions with her former husband's statements, and implausible elements in her testimony that appeared fabricated to align with the objective evidence.

Jurisdiction under 8 U.S.C. § 1252(b)

Application: The court's authority to review the BIA's decision is established under this statute.

Reasoning: Jurisdiction is established under 8 U.S.C. § 1252(b).

Non-Citation of Unpublished Dispositions

Application: The decision in this case is not to be published and cannot be cited in future cases, except as allowed by specific court rules.

Reasoning: The appeal is denied, and the disposition is not for publication, thus not citable in future cases except as permitted by Ninth Circuit Rule 36-3.

Review of Immigration Judge's Decision

Application: When the BIA affirms an IJ's decision without opinion, the IJ's decision is treated as the final agency determination for judicial review.

Reasoning: The BIA's affirmation without opinion necessitates a review of the IJ's decision, which is considered the final agency determination.