Yomba v. Attorney General

254 F. App'x 900
CourtCourt of Appeals for the Third Circuit
DecidedOctober 23, 2007
DocketNo. 05-5496
StatusPublished
Cited by3 cases

This text of 254 F. App'x 900 (Yomba v. Attorney General) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yomba v. Attorney General, 254 F. App'x 900 (3d Cir. 2007).

Opinion

OPINION

McKEE, Circuit Judge.

Simon John Paul Yomba petitions for review of a final order of removal of the Board of Immigration Appeals that adopted and affirmed the Immigration Judge’s decision denying Yomba’s claims for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”), as well as the IJ’s determination that Yomba filed a frivolous asylum application. For the reasons that follow, we will deny the petition for review as to the claims for asylum and withholding of removal.1 We will grant the petition for review as to the frivolous asylum application.

I.

Inasmuch as we write primarily for the parties who are familiar with this case, we need not set forth the historical or procedural background except insofar as may be helpful to our discussion. The BIA adopted the decision of the IJ with two modifications. The BIA did not agree with the IJ’s finding that Yomba was inconsistent about whether he had been summoned to appear before the prefect instead of the governor. The BIA also concluded that the IJ erred in finding that Yomba had testified inconsistently about whether gangsters first warned him to leave Cameroon or whether he first received a phone call advising him to do so. However, the BIA found that Yomba did not show that the remainder of the IJ’s finding that he was not credible was clearly erroneous. The BIA also found that Yomba did not establish that the IJ erred in concluding that Yomba’s asylum application was frivolous.

II.

Where the BIA invokes specific aspects of the IJ’s analysis and fact finding in support of its conclusions, we review both the IJ’s and the BIA’s decisions. Voci v. Gonzales, 409 F.3d 607, 613 (3d Cir.2005). We review the determination that Yomba failed to establish eligibility for asylum or withholding of removal for substantial evidence. INS v. Elias-Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). See INA § 242(b)(4)(B). “Under this standard, a finding will stand if it is supported by reasonable, substantial, and probative evidence in the record when considered as a whole.” Secaida-Rosales v. INS, 331 F.3d 297, 307 (2d Cir.2003) (citation and internal quotations omitted). The same standard applies to the BIA’s denial of the claim for withholding of removal. We may not reverse absent a finding that the record “not only supports [a contrary] conclusion, but compels it.” Elias-Zacarias, 502 U.S. at 480 n. 1, 112 S.Ct. 812.

When the IJ’s holding is based on adverse credibility determinations, we affirm “if there is substantial evidence in the record to support it.” Senathirajah v. INS, 157 F.3d 210, 216 (3d Cir.1998). We ask whether the credibility determination “is supported by evidence that a reasonable mind would find adequate” and whether it is appropriately grounded in the record. Dia v. Ashcroft, 353 F.3d 228, 249-50 (3d Cir.2003)(en banc). However, “an immigration judge who rejects a witness’s positive testimony because in his or her judgment it lacks credibility should offer a specific, cogent reason for his or her disbelief.” Senathirajah, 157 F.3d at 216 (citation, internal quotations and bracket omitted). “Adverse credibility determinations based on speculation or conjecture, rather than on evidence in the [902]*902record, are reversible.” Gao v. Ashcroft, 299 F.3d 266, 272 (3d Cir.2002) (citation omitted). “Generally, minor inconsistencies and minor omissions that reveal nothing about an asylum applicant’s fear for his safety are not an adequate basis for an adverse credibility finding.” Id. (citation and internal quotations omitted). “The discrepancies must involve the heart of the asylum claim.”2 Id. (citation and internal quotations).

III.

Yomba contends that the adverse credibility findings of the IJ and BIA are not supported by substantial evidence because they are based on purported discrepancies that do not actually exist, or that they are minor and irrelevant. With one exception, we disagree. The exception concerns the conclusions the IJ drew from the absence of scars on Yomba’s feet. In explaining his decision, the IJ said:

It is impossible for this Court to believe that after being beaten on the soles of his feet for 150 times and to have his feet being cut and bleeding and subsequently being treated for 45 days in a hospital for his wounds, that there would not be any scars on his feet as an indicia that his testimony is indeed true.

In affirming the IJ’s decision, the BIA held that “[i]t has not been shown that the [IJ] clearly erred by holding that it was implausible that [Yomba], who was supposedly bloody and unable to walk after this treatment, nonetheless recovered without even one scar.” The IJ and BIA reached this conclusion without considering one shred of medical or scientific evidence about the likelihood that blunt trauma could be administered to the souls of one’s foot in such a way that scars would not result. Yet, that is a medical question totally outside the competence of the IJ and the BIA. See Abdulrahman v. Ashcroft, 330 F.3d 587, 598 (3d Cir.2003). Therefore, the conclusion that Yomba did not testify truthfully about receiving a beating on the souls of his feet is not supported by substantial evidence.

However, that does not alter the result because the remaining adverse credibility determinations are supported by substantial evidence. Yomba’s testimony was rife with inconsistencies. Moreover, he produced no credible evidence that the organization he claimed to have founded, the Pan-African Committee on Human Rights, even existed. Aside from his testimony, the only evidence of the organization’s existence is three letters addressed to the president of that organization, one dated August 23, 1999, one dated October 8, 1999, and one dated January 10, 2000. However, those letters undermine Yomba’s credibility rather than corroborate it.

Yomba testified that he was the president of the organization, but the letters are neither addressed to him, nor do they even mention his name. In addition, although the letters express sorrow about the arrest of “Monsieur le President,” the dates of the letters do not correspond with the period during which Yomba testified he was under arrest. He did not testify that he was in custody in August of 1999 [903]*903or October of 1999. Rather, he testified that he was arrested in mid-January 2000 for writing a letter demanding that the director of Le Messager be released from custody. However, the letter dated January 10, 2000, refers to the arrest of “Monsieur le President” for providing information to the newspaper L’Effort.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Loreta Sinani v. Eric Holder, Jr.
418 F. App'x 475 (Sixth Circuit, 2011)
Koulibaly v. Mukasey
541 F.3d 613 (Sixth Circuit, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
254 F. App'x 900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yomba-v-attorney-general-ca3-2007.