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Reci v. Mukasey
Citation: 261 F. App'x 308Docket: No. 06-0830-ag
Court: Court of Appeals for the Second Circuit; January 10, 2008; Federal Appellate Court
Rasim Reci, an Albanian citizen representing himself, seeks judicial review of a Board of Immigration Appeals (BIA) order from January 25, 2006, which upheld an Immigration Judge's (IJ) decision denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The BIA affirmed the IJ's August 30, 2004 decision. Key points include the requirement for petitioners to exhaust all relief categories and raise specific issues before the BIA, as mandated by 8 U.S.C. § 1252(d)(1). Reci failed to raise claims regarding fair hearing and reliance on State Department reports in his BIA appeal, precluding consideration of these issues in court. The court applies a substantial evidence standard to review agency findings. The IJ’s adverse credibility determination was supported by substantial evidence based on multiple inconsistencies in Reci's testimony and asylum application, which undermined his claims of persecution for Democratic Party membership. Furthermore, the IJ reasonably rejected Reci’s explanations for these inconsistencies. As Reci's credibility was pivotal to his claims for withholding of removal and CAT relief, the adverse determination effectively negated these claims. Thus, the court denied Reci's petition for review, dismissed his motion for a stay of removal as moot, and denied any request for oral argument.