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Mohammed v. Garland
19-66
| 2d Cir. | Jul 22, 2021
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*1 19-66

Mohammed v. Garland ‐ Garland BIA

Straus, IJ A208 248 UNITED STATES COURT OF APPEALS THE SECOND CIRCUIT SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT = S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At term United States Court Appeals Second Circuit, held Thurgood Marshall States Courthouse, Foley Square, City New York, nd day July, two thousand twenty ‐ one.

PRESENT:

RAYMOND J. LOHIER, JR.,

RICHARD J. SULLIVAN,

STEVEN J. MENASHI,

Circuit Judges.

_____________________________________

FUSSEINI MOHAMMED,

Petitioner

v.

NAC MERRICK B. GARLAND, UNITED

STATES ATTORNEY GENERAL,

Respondent [*] *2 _____________________________________

FOR PETITIONER: Joshua Bardavid, Esq., New York, NY. RESPONDENT: Anthony C. Payne, Assistant Director; Colette

J. Winston, Trial Attorney, Office of Immigration Litigation, States Department of Justice, Washington, DC. UPON DUE CONSIDERATION this petition for review of Board of Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND DECREED petition for review DENIED.

Petitioner Fusseini Mohammed, native citizen Ghana, seeks review December 13, 2018 decision BIA affirming October 30, 2017 decision Immigration Judge (“IJ”), which denied Mohammed’s application asylum, withholding removal, protection under Convention Against Torture (“CAT”), grounds Mohammed’s were credible. In re Fusseini Mohammed, No. A 208 310 248 (B.I.A. Dec. 13, 2018), aff’g No. A 208 (Immig. Ct. Hartford Oct. 30, 2017). We assume parties’ familiarity underlying facts procedural history.

We have reviewed IJ’s decision modified BIA. Xue Hong Yang U.S. Dep’t Justice 2005). We review determinations under evidence standard. 1252(b)(4)(B); Sessions

“Considering the totality the circumstances, and all relevant factors, trier fact may base credibility determination the demeanor, candor, or responsiveness applicant . . . , consistency between the applicant’s . . . written and oral statements . . . , internal consistency each such statement, consistency such with other evidence record . . . without regard whether an inconsistency, inaccuracy, or falsehood goes heart applicant’s claim, or any other relevant factor.” 1158(b)(1)(B)(iii). “We defer an IJ’s credibility determination unless . . . it plain that no reasonable fact finder could make such adverse credibility ruling.” Xiu Xia Lin Mukasey 2008); accord at 76. The agency rely both omissions inconsistencies in making credibility determination. Xiu Xia Lin 167.

Here, was clearly supported by record evidence. Specifically, agency reasonably relied following inconsistencies or omissions in concluding that Mohammed was credible: (1) completely omitted from interview border patrol agents he was beaten mob detained two days after being caught kissing boyfriend; (2) although he during border interview asylum application had received threatening text messages, he *4 testified that he did not receive such messages; (3) he at his border interview that he tried to speak to the leader of the people threatening him, but disavowed that statement during his hearing; (4) he provided inconsistent statements about when he first considered coming the United States; and (5) although he testified that he was shopkeeper, his children’s birth certificates listed him as civil servant or social worker.

Mohammed challenges only agency’s reliance omission of his sexual orientation does not deny or seek explain away these other inconsistencies omissions. [1] But omission sexual orientation significant. , F.3d at 79 (holding “discrepancies . . . must be weighed in light their significance total context [the] claim persecution”). And even absent omission, other inconsistent – particularly irreconcilable asserations about whether was beaten or instead received threatening text messages – provide distinct accounts key events, bolstering findings. Ramsameachire 182; Majidi Gonzales 80–81 2005) (“A petitioner must do more than offer plausible explanation for inconsistent to secure relief; must demonstrate reasonable fact finder would be compelled to credit testimony.” (internal quotation marks omitted)). The agency also reasonably relied Mohammed’s failure rehabilitate testimony sufficient corroborating evidence. See 1158(b)(1)(B)(ii); Biao Yang Gonzales 2007) (“An applicant’s failure corroborate testimony bear credibility, because absence corroboration general makes applicant unable rehabilitate testimony has already been called into question.”).

In sum, adverse credibility determination is supported evidence. Xiu Xia Lin 165–67. The is dispositive asylum, withholding removal, CAT relief because all three forms relief are based same discredited factual predicate. Paul Gonzales 156–57 Accordingly, petition review DENIED. All pending motions applications are DENIED stays VACATED. THE COURT:

Catherine O’Hagan Wolfe, Clerk Court

[*] Pursuant Federal Rule Appellate Procedure 43(c)(2), Attorney General Merrick B. Garland automatically substituted Respondent.

[1] Although we have cautioned against reliance airport or border interviews as basis because they “take[] place immediately after alien has arrived States, often after weeks travel, be perceived alien coercive or threatening, depending alien’s past experiences,” does dispute reliabity record. Ramsameachire Ashcroft

Case Details

Case Name: Mohammed v. Garland
Court Name: Court of Appeals for the Second Circuit
Date Published: Jul 22, 2021
Docket Number: 19-66
Court Abbreviation: 2d Cir.
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