Opinion

Boubacar Siddy SOW, Petitioner, v. Alberto GONZALES, Respondent

  • 431 F.3d 84
  • 151 F. App'x 103
  • 189 Fed. Appx. 1
  • 2005 U.S. App. LEXIS 23865
Court
Court of Appeals for the Second Circuit
Filed
Nov 3, 2005
Status
Published
On the bench
Leval, Straub, Hall
Cited by
199 cases
Authority
More cited than 98.4%

concluding that inconsistencies in petitioner's testimony regarding, inter alia, IUD checkups, supported IJ's adverse credibility determination

How later courts described this case

  • concluding that inconsistencies in petitioner's testimony regarding, inter alia, IUD checkups, supported IJ's adverse credibility determination
  • when the BIA adopts the decision of the IJ and supplements the IJ’s decision, we review the decision of the IJ as supplemented by the BIA

Written by the judges who cited it.

The opinion

SUMMARY ORDER

UPON DUE CONSIDERATION of this petition for review of the Board of Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, AND DECREED that the petition for review is denied and the decision of the BIA be and it hereby is AFFIRMED.

Boubacar Siddy Sow,

pro se,

petitions for review of the BIA decision affirming the Immigration Judge’s (“IJ”) decision denying his application for asylum and withholding of removal. We assume the parties’ familiarity with the underlying facts and procedural history.

This Court reviews the IJ’s decision where, as here, the BIA summarily adopted or affirmed the IJ decision without opinion.

See Arango-Aradondo v. INS,

13 F.3d 610, 613 (2d Cir.1994). This Court reviews an IJ’s factual findings under the substantial evidence standard, and as such, “a finding will stand if it is supported by ‘reasonable, substantial, and probative’ evidence in the record when considered as a whole.”

Secaida-Rosales,

331 F.3d 297, 307 (2d Cir.2003) (quoting

Diallo v. INS,

232 F.3d 279, 287 (2d Cir.2000)). Credibility determinations are also typically reviewed under the substantial evidence standard of review, and this Court’s review of an adverse credibility determination is “highly deferential.”

Dong v. Ashcroft,

406 F.3d 110, 111 (2d Cir.2005)

(per

curiam).

In this case, the IJ’s credibility determination was substantially supported by the

*104

evidence as a whole. The credibility determination was based on specific examples in the record of Sow’s contradictory and improbable testimony regarding his arrest, his travels between Guinea and Moscow, and his inability to correctly name the political party to which he claimed to have belonged.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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