Kakoro v. Mukasey
Kakoro v. Mukasey
Opinion of the Court
SUMMARY ORDER
Oumar Kakoro, a native and citizen of Guinea, seeks review of a December 28, 2007 order of the BIA affirming the January 9, 2006 decision of Immigration Judge
When the BIA does not expressly “adopt” the IJ’s decision, but its brief opinion closely tracks the IJ’s reasoning, we may consider both the IJ’s and the BIA’s opinions for the sake of completeness if doing so does not affect our ultimate conclusion. Jigme Wangchuck v. DHS, 448 F.3d 524, 528 (2d Cir. 2006). We review the agency’s factual findings, including adverse credibility determinations, under the substantial evidence standard. See 8 U.S.C. § 1252(b)(4)(B); see Xiu Xia Lin v. Mukasey, 534 F.3d 162, 165 (2d Cir. 2008). We review de novo questions of law and the application of law to undisputed fact. Salimatou Bah v. Mukasey, 529 F.3d 99, 110 (2d Cir. 2008).
We find that the agency’s adverse credibility finding is supported by substantial evidence.
Contrary to the government’s argument, we have jurisdiction to review the agency’s denial of Kakoro’s CAT claim. See Xian Tuan Ye v. DHS, 446 F.3d 289, 296-97 (2d Cir. 2006) (holding that where the BIA addresses issues not raised by a petitioner, those issues are considered exhausted and may be reviewed by this Court). Nonetheless, we find that the agency did not err in holding that Kakoro failed to establish his eligibility for relief. Aside from his own testimony, which lacked credibility, Kakoro submitted only country conditions evidence demonstrating at most a generalized risk of torture in Guinea, which cannot alone satisfy his burden of demonstrating that he is more likely than not to be tortured if removed to that country. See Pierre v. Gonzales, 502 F.3d 109, 118-19 (2d Cir. 2007); Mu-Xing Wang v. Ashcroft, 320 F.3d 130, 144 (2d Cir. 2003). Therefore, the agency properly denied Kakoro’s application for CAT relief.
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 peti
. As the government argues, Kakoro made only a general challenge to the IJ’s credibility determination before the BIA, failing to address any of her specific findings. The BIA noted this failure in its decision, observing that Kakoro "does not challenge the [IJ’s] factual findings or address the inconsistencies and omissions discussed in her decision.” In such circumstances, it is debatable at best whether Kakoro exhausted the challenge he now makes to the credibility detennination. See Lin Zhong v. U.S. Dep't of Justice, 461 F.3d 101, 116-17 (2d Cir. 2006). Nonetheless, we address Kakoro’s arguments herein without deciding the exhaustion issue where it is plain that the agency’s adverse credibility determination is supported by substantial evidence.
Reference
- Full Case Name
- Oumar KAKORO v. Michael B. MUKASEY, United States Attorney General
- Status
- Published