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No. 13-2446
Argued:
Decided:
contends
immigration
that
judge
the
adverse
(IJ)
was
In his petition,
credibility
not
supported
finding
by
by
the
substantial
Workus
witnesses
and
his
documentary
evidence
provided
I.
Worku
entered
the
United
States
in
March
2006
after
derivative
U.S.C.
2006.
In
October
2006,
Worku
filed
with
the
Department
of
had
been
persecuted
in
Ethiopia
because
of
his
political
officers
statement,
asylum
and
notes
his
request.
from
that
supporting
DHS
found
interview,
documents,
that
Workus
DHS
Workus
written
denied
Workus
statements
were
not
presence
1158(b)(3)(A).
review.
in
the
United
States
Based on Workus
beyond
the
period
authorized
by
his
visa,
DHS
initiated
removal
proceedings
but
sought
the
ground
distributed
university
printed
student,
materials
he
describing
and
had
attended
what
the
his
been
opinion
he
ethnicity.
as
political
that
based
ONC
his
on
persecuted
the
on
asylum
Oromo
meetings,
government
Worku
that
he
would
not
participate
in
anti-government
activities.
According to Worku, he was not permitted to return to the
university, and he later observed two armed men following him
4
the
same
hearing
before
the
IJ,
Worku
presented
testimony and affidavits from his wife and three of his friends.
He also submitted a written statement from his father.
additionally
provided
several
documents
purporting
to
Worku
support
ONC
party
membership
and
letter
from
an
Ethiopian
the
hearing,
corroboration
witness.
of
The
the
IJ
Workus
IJ
concluded
that
testimony,
cited
certain
despite
Worku
was
some
not
inconsistencies
and
The IJ also
noted her adverse perception of Workus demeanor and his nonresponsive answers during the hearing.
the
determination
IJs
decision
whether
other
and
remanded
evidence
the
adequately
case
for
addressed
a
the
mistreatment.
credibility
finding
On
and
remand,
the
explained
IJ
that
renewed
the
her
adverse
affidavits
and
because
those
individuals
were
interested
parties
and
their
again
appealed
credibility
to
the
BIA,
determination
and
which
upheld
dismissed
the
the
IJs
appeal.
II.
A.
Because
the
BIAs
decision
relied
on,
and
incorporated,
must
uphold
the
agencys
determination
unless
it
is
Id.
asylum
relief.
He
asserts
that
the
IJs
adverse
previous
statements.
Worku
also
argues
that
the
evidence
submitted,
U.S.C.
independently
supported
his
1158(b),
the
Attorney
General
has
fear
nationality,
of
persecution
membership
political opinion.
in
on
a
account
of
particular
race,
social
religion,
group,
or
level
208.13(b)(1).
of
If
fear
the
of
persecution.
applicant
7
cannot
See
establish
C.F.R.
past
(emphasis omitted).
An applicants testimony alone may satisfy this burden, but
only when that testimony is credible, persuasive, and refers to
specific evidence demonstrating that the applicant qualifies as
a refugee.
8 U.S.C. 1158(b)(1)(B)(ii).
[A] determination
that
evidence.
determination
is
by
substantial
supported
the
agencys
decision
when
reasonable
supports
the
agencys
8
adverse
credibility
determination.
differences
officer
between
and
surrounding
The
his
his
IJ
the
and
the
statements
hearing
BIA
Worku
testimony
arrest
and
identified
made
to
the
concerning
two-week
several
asylum
the
events
detention.
Those
distributed
asylum
ONC
officer
leaflets,
about
this
but
had
particular
failed
to
inform
conduct.
Worku
the
also
was
forced
to
crawl
on
gravel.
Although
reasonable
observation
that
Worku
was
not
responsive
to
certain
We
1153 (9th Cir. 2014) (noting that the need for deference is
particularly
strong
in
the
context
of
demeanor
assessments
proceedings).
regarding
Workus
discrepancies
demeanor,
evident
from
together
comparison
with
of
the
Workus
various
statement
evidence
determination.
to
support
the
adverse
credibility
finding
regarding
his
claim
of
past
persecution.
only
that
Worku
was
an
ONC
member,
that
he
was
he
fled
Ethiopia.
This
evidence
does
not
directly
political
Furthermore,
evidence
evidence
Mickhou
(noting
the
came
personally
opinions
BIA
from
v.
independent
correctly
in
was
Gonzales,
that
because
friends
interested
properly
or
and
the
F.3d
petitioners
evidence
of
his
Oromo
concluded
that
relatives
of
outcome
accorded
445
of
of
weight.
351,
358-59
past
because
Worku
documents
persecution
were
claim,
such
See
(4th
this
who
Workus
less
proffered
ethnicity.
GandziamiCir.
2006)
were
not
because
the
did
not
directly
link
his
alleged
mistreatment
to
his
Instead, the
documents showed only that Worku had belonged to the ONC, that
some ONC members had been persecuted in the past, and that Worku
had sustained bodily injuries consistent with his self-reported
torture.
III.
For these reasons, we deny Workus petition for review of
the BIAs decision upholding the denial of his application for
asylum.
PETITION FOR REVIEW DENIED
11