Documente Academic
Documente Profesional
Documente Cultură
No. 10-1680
STANLEY
J.
OMOLO;
JEREMY
T.
Petitioners,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
Submitted:
January 7, 2011
Decided:
PER CURIAM:
Josephine Florence Olwande, a native and citizen of
Kenya,
petitions
Immigration
for
Appeals
review
of
(Board)
an
order
dismissing
of
her
the
appeal
Board
of
from
the
of
removal
and
INA
withholding
the
Convention
authorizes
under
the
Attorney
General
to
confer
It defines a
because
persecution
on
of
persecution
account
of
or
race,
well-founded
religion,
fear
of
nationality,
or
threat
of
death,
torture,
or
injury
to
ones
see
C.F.R.
1208.13(a)
(2010),
and
can
establish
8 C.F.R. 1208.13(b)(1)
2004).
Without
establish
ground.
regard
to
well-founded
Id. at 187.
past
fear
persecution,
of
persecution
an
on
requires
can
protected
alien
showing
of
specific,
The objective
concrete
facts
that
the
of
presentation
candid,
credible,
and
sincere
testimony
some
basis
in
the
reality
of
the
circumstances
and
be
findings
are
reviewed
for
substantial
cogent
statements,
reasons
evidence,
and
include
inconsistent
inherently
improbable
3
testimony[.]
contradictory
Tewabe
v.
Gonzales, 446 F.3d 533, 538 (4th Cir. 2006) (internal quotation
marks and citation omitted).
claim
an
need
not
be
fatal
to
asylum
application
if
the
determination
regarding
eligibility
for
asylum
or
INS v. Elias-
Administrative findings of
8 U.S.C. 1252(b)(4)(B)
Elias-
Zacarias, 502 U.S. at 483-84; see Rusu v. INS, 296 F.3d 316, 325
n.14 (4th Cir. 2002).
an
alien
is
not
eligible
for
asylum
is
conclusive
unless
Niang
v.
Gonzales,
492
2007).
4
F.3d
505,
511
n.8
(4th
Cir.
Olwande
has
abandoned
any
challenge
to
the
adverse
Olwandes
sufficiently
claim
corroborated
of
and
past
the
persecution
record
does
was
not
not
compel
petition
must
remanded
to
adjudicate
the
childrens
with
oral
we
deny
argument
the
petition
because
the
for
facts
review.
and
We
legal