Vincent Tebit v. Michael B. Mukasey , 321 F. App'x 525 ( 2009 )


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  •                         United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 07-2836
    ___________
    Vincent Tadoh Tebit,                      *
    *
    Petitioner,                  *
    * Petition for Review of
    v.                                  * an Order of the Board
    * of Immigration Appeals.
    Eric H. Holder, Jr.,1                     *
    * [UNPUBLISHED]
    Respondent.                  *
    ___________
    Submitted: April 7, 2009
    Filed: April 10, 2009
    ___________
    Before WOLLMAN, MURPHY, and MELLOY, Circuit Judges.
    ___________
    PER CURIAM.
    Vincent Tebit, a citizen of Cameroon, petitions for review of an order of the
    Board of Immigration Appeals (BIA), affirming an immigration judge’s (IJ’s) denial
    of asylum, withholding of removal, and voluntary departure.2 We deny the petition.
    1
    Eric H. Holder, Jr. has been appointed to serve as Attorney General of the
    United States, and is substituted as respondent pursuant to Federal Rule of Appellate
    Procedure 43(c).
    2
    The IJ also denied relief under the Convention Against Torture, but we lack
    jurisdiction to consider the denial of this relief because it was not first raised before
    the BIA. See Eta-Ndu v. Gonzales, 
    411 F.3d 977
    , 986 n.4 (8th Cir. 2005).
    See Khrystotodorov v. Mukasey, 
    551 F.3d 775
    , 781 (8th Cir. 2008) (standard of
    review).
    When an asylum decision is based on an adverse credibility finding, as it was
    in this case, we generally defer to the agency if the credibility finding is supported by
    specific, cogent reasons for disbelief. See Sow v. Mukasey, 
    546 F.3d 953
    , 956 (8th
    Cir. 2008). Upon careful review, we conclude that the BIA and the IJ provided such
    reasons. See Redd v. Mukasey, 
    535 F.3d 838
    , 842-43 (8th Cir. 2008); Che v.
    Mukasey, 
    532 F.3d 778
    , 782 (8th Cir. 2008); Onsongo v. Gonzales, 
    457 F.3d 849
    , 854
    (8th Cir. 2006). The adverse credibility finding is dispositive of Tebit’s withholding-
    of-removal claim, see Sheikh v. Gonzales, 
    427 F.3d 1077
    , 1081 (8th Cir. 2005), and
    we lack jurisdiction to review the denial of voluntary departure, see 8 U.S.C.
    §§ 1229c(f) and 1252(a)(2)(B)(i).
    Accordingly, we deny the petition.
    ______________________________
    -2-
    

Document Info

Docket Number: 07-2836

Citation Numbers: 321 F. App'x 525

Judges: Wollman, Murphy, Melloy

Filed Date: 4/10/2009

Precedential Status: Non-Precedential

Modified Date: 10/19/2024