Ali Chales v. William Barr


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 9 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ALI CHALES, No. 19-71008 Petitioner, Agency No. A215-617-325 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review From an Order of the Board of Immigration Appeals Submitted October 6, 2020** Seattle, Washington Before: CALLAHAN and CHRISTEN, Circuit Judges, and RAKOFF,*** District Judge. Ali Chales, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals (“BIA”) in which the BIA affirmed the * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. Immigration Judge (“IJ”) and denied Chales’ applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) based on an adverse credibility determination. This court has jurisdiction pursuant to 8 U.S.C. § 1252. We review an Immigration Judge’s credibility determinations under the substantial evidence standard. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir. 2010). Where the BIA adopts the decision of the IJ and adds no reasoning of its own, “we treat the incorporated parts as the BIA’s.” Aguilar–Ramos v. Holder, 594 F.3d 701, 704 (9th Cir. 2010). “[W]e do not review those parts of the IJ’s adverse credibility finding that the BIA did not identify as ‘most significant’ and did not otherwise mention.” Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir. 2008). Petitioner fled Cameroon after military or police officers allegedly detained and beat him because of his affiliation with the Southern Cameroons National Council (“SCNC”), a political group opposed to the governing party. Petitioner claims that because of his activities in connection with the SCNC, he was thrice arrested, detained, and beaten by police or military officers. After his second arrest, Chales asserts police beat him until he lost consciousness; he was found and rescued, and he received monthlong treatment for his injuries. Substantial evidence supports the IJ’s adverse credibility finding. Petitioner’s testimony about who rescued him from the bush, how long the Cameroonian police detained him, how frequently the police beat him during detention, and where he 2 was arrested for the second time were plainly inconsistent with statements Chales made during his asylum officer interview. For example, when asked to explain inconsistencies about the identity of his rescuer, Chales stated that “when he regained consciousness in the woman’s house, he saw her husband and thought that he had rescued him.” The IJ discounted this explanation, not only because an affidavit on the record contradicted the explanation, but also because Chales never mentioned a woman rescuer to the asylum officer, nor did he mention the woman’s husband during in-court testimony. When asked to explain inconsistencies about ...

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