Bahta v. Lynch, No. 14-1995 (1st Cir. 2016)
Annotate this CasePetitioner, a native and citizen of Eritrea, filed an application for asylum, withholding of removal, and protection under the Convention Against Torture, claiming that she was persecuted in Eritrea because of her Pentecostal faith. An immigration judge (IJ) ordered Petitioner’s removal to Eritrea. Although the IJ refrained from making an explicit adverse credibility finding regarding Petitioner’s credibility, the judge concluded that Petitioner failed to remedy credibility problems in her testimony with persuasive corroborating evidence. The Board of Immigration Appeals (BIA) affirmed. Petitioner filed a petition for review, asserting, inter alia, that the IJ and BIA erred in finding material inconsistencies in the evidence she presented and in relying on evidence outside the record. The First Circuit denied Petitioner’s petition for review, holding (1) a reasonable fact-finder would not be compelled on this record to conclude that Petitioner met her burden to prove past persecution; and (2) Petitioner’s claims for other forms of relief were unavailing.
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