Jata v. Gonzales
Docket: No. 04-6555-AG
Court: Court of Appeals for the Second Circuit; April 6, 2006; Federal Appellate Court
Arben Jata's petition for review of a December 2004 order, which affirmed an immigration judge's (IJ) denial of his asylum application, withholding of removal, and relief under the Convention Against Torture (CAT), has been denied. The IJ's adverse credibility determination is supported by substantial evidence. Key inconsistencies were noted in Jata’s accounts of events from September 1998; he testified he avoided detention but later stated he was detained and beaten by police in his written application. This inconsistency was deemed material to his claim of persecution based on political beliefs. The IJ also considered Jata’s demeanor during testimony, which is a crucial factor in assessing credibility. Additionally, Jata's implausible response regarding a letter from the Tirana court raised further doubts about his credibility. Initially, he claimed ignorance of the letter's existence, only to later acknowledge having forgotten about it after being shown the document, which was in the government’s file. The IJ's conclusion to discredit Jata's explanation was upheld, as the IJ is not obligated to accept an applicant's explanations even if they seem plausible but must consider them as factual assertions supporting the claim. The IJ’s adverse credibility finding was therefore affirmed on valid grounds. The court vacated any stay of removal previously granted and denied any pending motions related to the stay as moot, as well as requests for oral argument.