Kamana v. Keisler
Kamana v. Keisler
Opinion of the Court
SUMMARY ORDER
Yussuf Kamana, allegedly a native and citizen of Burundi, seeks review of a December 19, 2006, order of the BIA affirming the November 23, 2004, decision of Immigration Judge (“IJ”) Brigitte LaForest denying Kamana’s applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In re Yussuf Kamana, No. A78 229 199 (B.I.A. Dec. 19, 2006), affg No. A78 229 199 (Immig. Ct. N.Y. City Nov. 23, 2004). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
Where, as here, the BIA agrees with the IJ’s decision and emphasizes particular aspects of it, we review the IJ’s decision including the portions not explicitly discussed by the BIA. See Guan v. Gonzales, 432 F.3d 391, 394 (2d Cir. 2005); Secaida-Rosales v. I.N.S., 331 F.3d 297, 305 (2d Cir. 2003). We review the agency’s factual findings, including adverse credibility determinations, under the substantial evidence standard, treating them as “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B); see, e.g., Zhou Yun Zhang v. I.N.S., 386 F.3d 66, 73 & n. 7 (2d Cir. 2004), overruled in part on other grounds by Shi Liang Lin v. U.S. Dep’t of Justice, 494 F.3d 296, 305 (2d Cir. 2007). However, we will vacate and remand for new findings if the agency’s reasoning or fact-finding process was sufficiently flawed. Cao He Lin v. U.S. Dep’t of Justice, 428 F.3d 391, 406 (2d Cir. 2005); Tian-Yong Chen v. I.N.S., 359 F.3d 121, 129 (2d Cir. 2004).
Noting her additional concerns that Kamana did not know that Christianity was the main religion in Burundi and not Islam, as he testified, and that the forensics examiner had been unable to confirm the authenticity of his Burundian identity card, the IJ reasonably concluded that Kamana was not credible and that he had failed to establish his identity and country of origin.
The inconsistencies identified by the IJ go to the heart of Kamana’s claims of persecution, because they cast doubt on the most basic aspect of his claim — that he was of Burundian nationality and feared persecution at the hands of the ruling Tutsi ethnic group. See Secaida-Rosales, 331 F.3d at 308 (distinguishing substantial from minor inconsistencies). An asylum applicant’s nationality is a threshold question in determining his eligibility for asylum, see Wangchuck v. Dep’t of Homeland Sec., 448 F.3d 524, 528 (2d Cir. 2006); Dhoumo v. BIA, 416 F.3d 172, 174 (2d Cir. 2005), and it is his burden to establish such eligibility, see 8 C.F.R. § 208.13(a); Osorio v. I.N.S., 18 F.3d 1017, 1021-22 (2d Cir. 1994). In light of the inconsistencies identified above, the IJ did not err in finding that the unverified identity card merited little weight in establishing the issue of Kamana’s nationality. See Xiao Ji Chen v. U.S. Dep’t of Justice, 471 F.3d 315, 342 (2d Cir. 2006) (finding that the weight afforded to the applicant’s evidence in immigration proceedings lies largely within the discretion of the IJ). Kamana’s inability to establish the threshold issue of his Burundi nationality, moreover, was fatal to his claims for relief. See Dhoumo, 416 F.3d at 174.
Because the only evidence of a threat to Kamana’s life or freedom depended upon his credibility, the adverse credibility determination in this case necessarily precludes success on his claim for withholding of removal. See Paul v. Gonzales, 444 F.3d 148, 156 (2d Cir. 2006); Wu Biao Chen v. I.N.S., 344 F.3d 272, 275 (2d Cir. 2003). Likewise, Kamana’s claim for CAT relief, which was based on the same factual predicate, also fails. See Xue Hong Yang v. U.S. Dep’t of Justice, 426 F.3d 520, 523 (2d Cir. 2005).
For the foregoing reasons, the petition for review is DENIED.
Reference
- Full Case Name
- Yussuf KAMANA v. Peter D. KEISLER, Acting Attorney General
- Status
- Published