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Kumbullaj v. Holder
Citation: 315 F. App'x 367Docket: No. 08-1954-ag
Court: Court of Appeals for the Second Circuit; March 17, 2009; Federal Appellate Court
Petitioners Voc Kumbullaj and Pashko Kumbullaj, Albanian citizens, are challenging the BIA's April 3, 2008 order that upheld an Immigration Judge's (IJ) May 18, 2006 decision denying their asylum, withholding of removal, and Convention Against Torture relief applications. The Court reviews both the BIA's and IJ's decisions when the BIA affirms the IJ's credibility findings without rejecting the IJ's reasoning. The Court applies the substantial evidence standard to assess factual findings, including adverse credibility determinations. The agency found substantial evidence supporting its adverse credibility determination, citing multiple omissions and inconsistencies in the Kumbullajs' claims. Specific discrepancies included: 1) the occurrence of a speech by Voc at a rally in October 2003; 2) whether Pashko lost consciousness after an attack in October 2003; 3) his ability to walk home post-attack; 4) the timeline of their relocation to their uncle's home; and 5) the timing of when Voc was struck with a metal object. The Kumbullajs contended that these omissions were not material; however, the details were central to establishing their claims of past persecution. The IJ's assessment indicated that even minor discrepancies could, in aggregate, impact the credibility of the applicants. The IJ found the explanations for inconsistencies unconvincing, noting that the agency is not obligated to accept the applicants' justifications unless they are compelling. Additionally, the IJ deemed it implausible that Voc could deliver a speech to a large audience without amplification, given his speech impairment. The Court concluded that the agency's adverse credibility determination was justified and supported by substantial evidence. The Kumbullajs’ claims for asylum, withholding of removal, and CAT protection were denied by the IJ due to a lack of credibility in their allegations. The court referenced *Paul v. Gonzales*, indicating the IJ's denial was appropriate based on the adverse credibility finding related to past persecution claims. Consequently, the court did not address the Petitioners’ argument regarding the BIA’s discretion in noting the Democratic Party as the ruling party in Albania, as it pertained to claims deemed not credible. The court also cited *Hoxhallari v. Gonzales*, which affirmed the IJ’s credibility determination was sufficient to render the applicant ineligible for relief based on changed country conditions. The petition for review was denied, resulting in the vacating of any previously granted stay of removal and the dismissal of any related motions as moot. Additionally, requests for oral argument were denied per the relevant federal and local rules.