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Edourd v. Holder
Citation: 331 F. App'x 829Docket: No. 08-4292-ag
Court: Court of Appeals for the Second Circuit; June 5, 2009; Federal Appellate Court
Petitioner Fequiere Edourd, a Haitian national, sought judicial review of a Board of Immigration Appeals (BIA) order from July 31, 2008, affirming an Immigration Judge's (IJ) decision from October 16, 2006, which denied his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court reviewed the BIA's and IJ's findings under a substantial evidence standard, particularly focusing on the IJ’s adverse credibility determination. The IJ identified several discrepancies in Edourd's testimony and supporting documents regarding the timing of medical treatment he received in December 2001 and the date he was allegedly targeted for persecution in April 2003. Despite Edourd's explanations for these inconsistencies, the court found them unconvincing and not compelling enough to warrant a different conclusion. The court noted that other credibility challenges raised by Edourd were not considered, as any errors in those findings would not change the outcome. Ultimately, substantial evidence supported the IJ’s adverse credibility determination, leading to the denial of Edourd's asylum application, which was primarily based on his credibility. Edourd also waived any challenges regarding the denial of his CAT relief application. Consequently, the petition for review was denied, any pending motion for a stay of removal was dismissed as moot, and a request for oral argument was denied.