Opinion

Ndoja v. U.S. Department of Justice

  • 157 F. App'x 402
Court
Court of Appeals for the Second Circuit
Filed
Dec 7, 2005
Status
Published
On the bench
Newman, Raggi, Wesley
Cited by
0 cases
Authority
More cited than 10.2%

The opinion

SUMMARY ORDER

Marta Ndoja, through counsel, petitions for review of the BIA decision affirming the Immigration Judge’s (“IJ”) decision denying her applications 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 affirmed the IJ’s decision without opinion. See Twum v. INS, 411 F.3d 54, 58 (2d Cir.2005). This Court reviews the IJ’s and BIA’s factual findings under the substantial evidence standard, overturning them only if any reasonable adjudicator would be compelled to conclude to the contrary. 8 U.S.C § 1252(b)(4)(B); Zhou Yun Zhang v. INS, 386 F.3d 66, 73 (2d Cir.2004).

The IJ cited four reasons for the adverse credibility finding, each of them based on specific portions of Ndoja’s testimony. Because we cannot conclude that any reasonable adjudicator would be compelled to conclude to the contrary, we dismiss the petition for substantially the same reasons as those set forth by the IJ. 1

The decision of the BIA is accordingly AFFIRMED.

. The IJ failed to address the CAT claim in rendering the oral decision. However, because Ndoja failed to address the CAT claim in her brief to the BIA, she is precluded from raising that category of relief before this Court. Gill v. INS, 420 F.3d 82, 86 (2d Cir. 2005); Foster v. INS, 376 F.3d 75, 78 (2d Cir.2004).

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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