Opinion
No. 10-71425 Agency No. A097-854-014
03-27-2014
STELLA ANJENKENG FONKENG, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted March 7, 2014
Pasadena, California
Before: KOZINSKI, Chief Judge, GRABER, Circuit Judge, and BREYER, Senior District Judge.
The Honorable Charles R. Breyer, Senior District Judge for the U.S. District Court for the Northern District of California, sitting by designation.
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1. The BIA properly dismissed Petitioner Stella Fonkeng's appeal from the IJ's decision denying her asylum and withholding of removal on the basis of an adverse credibility determination. See Jie Cui v. Holder, 712 F.3d 1332, 1338 (9th Cir. 2013). The IJ and BIA found that Fonkeng lacked credibility, not because she lied about her visa and means of travel, but because the inconsistencies directly related to her motive for coming to the U.S. Singh v. Gonzales, 439 F.3d 1100, 1108 (9th Cir. 2006).
2. Neither the IJ nor the BIA failed to analyze separately Fonkeng's Convention Against Torture claim. Farah v. Ashcroft, 348 F.3d 1153, 1156-57 (9th Cir. 2003). The IJ and BIA reviewed the extrinsic evidence of alleged past torture against Fonkeng, including the country reports and photographs of Fonkeng's scars. They properly concluded that the evidence didn't "suffice to demonstrate that she is more likely than not to be tortured if returned to Cameroon."
PETITION DENIED.