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Kassahun Asfaw v. Loretta Lynch, 4th Cir. (2015)
Kassahun Asfaw v. Loretta Lynch, 4th Cir. (2015)
No. 14-1672
KASSAHUN ASFAW,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
Submitted:
Decided:
Before WYNN and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Judge.
PER CURIAM:
Kassahun Asfaw, a native and citizen of Ethiopia, petitions
for
review
(Board)
of
an
order
dismissing
of
his
the
appeal
Board
from
of
Immigration
Appeals
the
immigration
judges
and
he
that
was
not
eligible
for
asylum
or
withholding
of
8 U.S.C.
well-founded
fear
of
persecution
on
account
of
race,
An
applicant
from
removal
of
for
relief.
for
establishing
relief
eligibility
bears
8
the
C.F.R.
burden
1240.8(d)
(2014); Quitanilla v. Holder, 758 F.3d 570, 579 (4th Cir. 2014).
When
the
evidence
indicates
that
there
are
grounds
for
the
participated
of
race,
in
the
persecution
religion,
of
nationality,
any
person
membership
in
on
a
asylum
or
withholding
of
removal.
U.S.C.
1158(b)(2)(A)(i), 1231(b)(3)(B)(i).
We review issues of law de novo and factual issues under
the substantial evidence standard.
902, 905 (4th Cir. 2013).
78
(4th
applicants
specific,
quotation
Cir.
1989).
testimony
cogent
marks
on
trier
of
credibility
reason[s]
omitted).
for
fact
grounds
doing
Examples
who
so.
of
rejects
must
Id.
specific
an
offer
(internal
and
cogent
inherently
improbable
testimony
Tewabe
v.
Gonzales, 446 F.3d 533, 538 (4th Cir. 2006) (internal quotation
marks
omitted).
deference
evidence.
2004).
to
We
accord
credibility
Camara v.
broad,
findings
Ashcroft,
378
though
supported
F.3d
361,
not
by
367
unlimited,
substantial
(4th
Cir.
otherwise
applicants
unsupported
testimony
personal
or
opinion
[his]
to
discredit
corroborating
an
evidence.
Marynenka v. Holder, 592 F.3d 594, 601 (4th Cir. 2010) (quoting
3
statements
conclude
that
he
the
to
did
the
not
asylum
err
by
officer.
not
We
further
crediting
Asfaws
Ethiopian
government
during
the
Mengistu
that
the
persecutor
bar
regime,
could
apply
Asfaw
to
Asfaws
Pastora,
Id.
To state a prima
facie case for relief, an alien must show that he or she will be
subject to severe pain or suffering, whether physical or mental
.
by
or
at
the
instigation
of
or
with
the
consent
or
capacity.
C.F.R.
1208.18(a)(1)
(2014);
see
Saintha v. Mukasey, 516 F.3d 243, 246 & n.2 (4th Cir. 2008).
The applicant need not prove the torture would be inflicted on
account of a protected ground.
113, 116 (4th Cir. 2007).
the denial of relief under the CAT, id. at 124, and we conclude
that substantial evidence supports the finding that Asfaw did
not establish that it was more likely than not that he will be
tortured if he returns to Ethiopia.
Accordingly, we deny the petition for review.
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and