Oparachukwu v. Gonzales
Opinion of the Court
SUMMARY ORDER
Christian Oparachukwu, a native and citizen of Nigeria, seeks review of a November 19, 2002 order of the BIA summarily affirming immigration judge (“IJ”) John Opaciuch’s May 1, 2001 decision denying Oparachukwu’ s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Christian Oparachukwu, No. A70 582 435 (B.I.A. Nov. 19, 2002), aff'g A70 582 435 (Immig. Ct. N.Y. City May 1, 2001). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
Where, as here, the BIA summarily affirms the decision of the IJ without issuing an opinion, see 8 C.F.R. § 1003.1(e)(4), this Court reviews the IJ’s decision as the final agency determination. See, e.g., Twum v. INS, 411 F.3d 54, 58 (2d Cir. 2005). This Court reviews the agency’s factual findings, including adverse credibility determinations, under the substantial evidence standard. 8 U.S.C. § 1252(b)(4)(B); see, e.g., Zhou Yun Zhang v. INS, 386 F.3d 66, 73 & n. 7 (2d Cir. 2004).
The IJ was reasonable in relying on Oparachukwu’s differing written and oral accounts of the number of times he was arrested in Nigeria in finding him not to be credible, as the arrests constitute essential elements of his claim of religious persecution. See Diallo v. INS, 232 F.3d 279, 288 (2d Cir. 2000). Additionally, because it was combined with findings regarding material testimonial discrepancies, and because there is no indication in the record that it would have been unreasonable to expect Oparachukwu to produce such evidence, the IJ appropriately faulted Oparachukwu for failing to present sufficient corroborating evidence. See Xiao Ji Chen v. U.S. Dep’t of Justice, 434 F.3d 144, 164 (2d Cir. 2006).
While the IJ erroneously relied on an asylum interview not contained in the record and failed to consider country condition evidence supporting Oparachukwu’s claimed fear of future persecution, the evidence supporting the IJ’s finding of incredibility was strong enough that we can confidently predict that he would have reached the same conclusion absent these errors. See Li Hua Lin v. U.S. Dep’t of Justice, 453 F.3d 99, 107-08 (2d Cir. 2006).
For the foregoing reasons, the petition for review is DENIED.
Reference
- Full Case Name
- Christian OPARACHUKWU v. Alberto R. GONZALES, Attorney General
- Status
- Published