Bintou Jawara v. Eric Holder, Jr., No. 12-1997 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1997 BINTOU JAWARA, a/k/a Ide Nji, a/k/a Awa Sillah, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: March 28, 2013 Decided: April 25, 2013 Before KEENAN, DIAZ, and THACKER, Circuit Judges. Petition denied by unpublished per curiam opinion. Thomas V. Massucci, New York, New York, for Petitioner. Stuart F. Delery, Principal Deputy Assistant Attorney General, Thomas B. Fatouros, Senior Litigation Counsel, Julie M. Iversen, Office of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Bintou Jawara, a native and citizen of The Gambia, petitions for review of an order of the Board of Immigration Appeals judge s ( Board ) order dismissing denying withholding of removal. 1 her her appeal from applications the for immigration asylum and We deny the petition for review. Withholding of removal is available under 8 U.S.C. § 1231(b)(3) if the alien shows that it is more likely than not that her life or freedom would be threatened in the country of removal because of her race, religion, nationality, membership in a particular social group, or political opinion. Gomis v. Holder, 571 F.3d 353, 359 (4th Cir. 2009) (internal quotation marks omitted). This is a more stringent standard than that for asylum . . . . [and], while asylum is discretionary, if an alien establishes eligibility for withholding of removal, the grant is mandatory. 351, 353-54 (4th Gandziami-Mickhou v. Gonzales, 445 F.3d Cir. 2006) (internal citations omitted) (alteration added). A determination regarding eligibility for withholding of removal is affirmed if supported by substantial evidence on 1 Jawara has affirmatively waived her challenge to the finding that her asylum application was frivolous. In addition, before the immigration judge, Jawara withdrew her application for relief under the Convention Against Torture. 2 the record considered as a whole. U.S. 478, including 481 (1992). findings on INS v. Elias-Zacarias, 502 Administrative credibility, adjudicator contrary. 8 U.S.C. § 1252(b)(4)(B) (2006). de [Board s] novo, be conclusive reasonable reviewed would are findings affording interpretation compelled to appropriate of the INA of fact, unless decide to any the Legal issues are deference and any to the attendant regulations. Li Fang Lin v. Mukasey, 517 F.3d 685, 691-92 (4th Cir. 2008). This court will reverse the Board only if the evidence . . . presented was so compelling that no reasonable factfinder could persecution. fail to find the requisite fear of Elias-Zacarias, 502 U.S. at 483-84; see Rusu v. INS, 296 F.3d 316, 325 n.14 (4th Cir. 2002). Credibility evidence. findings are reviewed for substantial A trier of fact who rejects an applicant s testimony on credibility grounds must offer a specific, cogent reason for doing so. Figeroa v. INS, 886 F.2d 76, 78 (4th Cir. 1989) (internal quotation marks omitted). Examples of specific and cogent statements, reasons evidence, and include inconsistent inherently improbable testimony[.] contradictory Tewabe v. Gonzales, 446 F.3d 533, 538 (4th Cir. 2006) (internal quotation marks and citations omitted). cannot reasons reject why documentary the documents Likewise, the immigration judge evidence without are credible. 3 not specific, cogent Kourouma v. Holder, 588 F.3d credibility 234, 241 determination (4th based Cir. on 2009). minor An adverse discrepancies or inconsistencies that do not go to the heart of an applicant s claim cannot Gonzales, constitute 495 F.3d evidence. 2 substantial 113, 122 (4th Cir. Dankam 2007); see v. also Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir. 2001). We conclude that substantial evidence supports the adverse credibility claims as it relates to Jawara s contention that she was the victim of female genital mutilation ( FGM ). The immigration judge found that Jawara s testimony regarding the events leading up to the FGM procedure was not consistent with her written statement. We conclude that the immigration judge s findings in this regard were not minor discrepancies but go to the core of Jawara s claim. See Dankam, 495 F.3d at 122 (details that surround the event that is the basis for the claim for relief evidence in are the more than record, minor such as or trivial the details). whereabouts of Other Jawara s husband, whether he was missing and when he first arrived in the United States, as well as evidence that raised questions about Jawara s true identity, are also not minor details and lend support to the adverse credibility finding. 2 Jawara s application was filed prior to the effective date for The REAL ID Act of 2005, Pub. L. No. 109-13, 119 Stat. 231. 4 We did not also support conclude her that claim. Jawara s The independent immigration judge evidence provided specific and cogent reasons for questioning the reliability of the doctor s letter that diagnosed Jawara as having FGM Type II. In addition, The State Department s Report on Female Genital Mutilation for The Gambia was Jawara was the victim of FGM. Accordingly, dispense with contentions are oral we conclusive evidence that Kourouma, 588 F.3d at 242. deny argument adequately not the petition because presented in the the for facts review. We and legal materials before this court and argument would not aid the decisional process. PETITION DENIED 5
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