Baxhija v. Keisler
Baxhija v. Keisler
Opinion of the Court
SUMMARY ORDER
Petitioner Ermal Baxhija, a citizen of Albania, seeks review of a January 29, 2007 order of the BIA dismissing his appeal from the August 22, 2005 decision of Immigration Judge (“U”) Paul A. DeFonzo denying his applications for asylum and withholding of removal. In re Ermal Baxhija, No. A97 849 665 (BIA Jan. 29, 2007), ajfg No. A97 849 665 (Immig. Ct. N.Y. City Aug. 22, 2005). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
When the BIA issues an opinion that fully adopts the IJ’s decision, we review the IJ’s decision. See, e.g., Chun Gao v. Gonzales, 424 F.3d 122, 124 (2d Cir. 2005). 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. INS, 386 F.3d 66, 73 (2d Cir. 2004), overruled in part on other grounds by Shi Liang Lin v. U.S. Dept, of Justice, 494 F.3d 296 (2d Cir. 2007). The Court generally will not disturb adverse credibility determinations that are based on “specific examples in the record of inconsistent statements ... about matters material to [an applicant’s] claim of persecution, or on contradictory evidence or inherently improbable testimony regarding such matters.” Zhou Yun Zhang, 386 F.3d at 74 (internal quotation marks omitted).
In this case, the IJ based his adverse credibility determination on two grounds: 1) inconsistencies in Baxhija’s testimony and between his testimony and his written statements; and 2) Baxhija’s failure to submit corroborative evidence of the lawsuits that he and the Democratic Party allegedly filed in Albania.
In sum, the IJ had an ample basis for finding the petitioner not credible, and we have no basis to disturb the BIA’s decision.
For the foregoing reasons, the petition for review is DENIED. As we have completed our review, any stay of removal that the Court previously granted in this petition is VACATED, and any pending motion for a stay of removal in this petition is DISMISSED as moot. Any pending request for oral argument in this petition is DENIED in accordance with Federal Rule of Appellate Procedure 34(a)(2), and Second Circuit Local Rule 34(d)(1).
Reference
- Full Case Name
- Ermal BAXHIJA v. Peter D. KEISLER, Acting U.S. Attorney General
- Status
- Published