Mukulumbutu v. Barr, No. 19-72499 (9th Cir. 2020)Annotate this Case
The Ninth Circuit denied a petition for review of the BIA's dismissal of petitioner's appeal of an IJ's order of removal, holding that substantial evidence supported the denial of asylum, withholding of removal, and the denial of protection under the Convention Against Torture. The panel held that petitioner failed to show a well founded fear of persecution based on a protected ground.
In this case, petitioner was not credible because of his inconsistent statements about why he left Brazil and the BIA reasonably found it implausible that petitioner randomly encountered General Kangama’s nephew at a Brazilian bus stop after only a few days in the country. Substantial evidence also supports the BIA's decision that petitioner did not rehabilitate his testimony with sufficient corroborating evidence, and the BIA did not err in concluding that the evidence petitioner provided was entitled to limited weight. Furthermore, the evidence does not meet the high threshold of establishing that it is more likely than not that petitioner will be tortured by or with the consent or acquiescence of a public official. Finally, petitioner's due process rights were not violated based on transcription issues and a credible fear review hearing.