Forpa v. Ashcroft

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1412
FRANCIS FORPA,
Petitioner,
versus
JOHN ASHCROFT, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals. (A95-264-590)
Submitted: December 13, 2004 Decided: January 7, 2005
Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.
Petition denied; vacated in part by unpublished per curiam opinion.
David K. Wenger, WENGER & DADISMAN, P.C., Detroit, Michigan, for
Petitioner. Peter D. Keisler, Assistant Attorney General, Douglas
E. Ginsburg, Senior Litigation Counsel, John D. Williams, Office of
Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM
Francis Forpa, a native and citizen of Cameroon, seeks
review of a decision of the Board of Immigration Appeals affirming
without opinion the Immigration Judge’s (IJ) denial of his
application for asylum.
We reject Forpa’s contention that he qualified for
asylum. Forpa does not qualify for relief because the IJ made a
negative credibility determination that is amply supported by the
record and is entitled to deference. 8 U.S.C. § 1252(b)(4) (2000);
see Camara v. Ashcroft, 378 F.3d 361, 367 (4th Cir. 2004); Rusu v.
INS, 296 F.3d 316, 323 (4th Cir. 2002). We conclude, however, that
the record does not support the conclusion that Forpa knowingly
filed a frivolous application. See 8 U.S.C. § 1158(d)(6) (2000);
8 C.F.R. § 208.20 (2004).
Accordingly, although we deny the petition for review, we
vacate the Board’s decision insofar as it finds Forpa’s application
frivolous. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
PETITION DENIED;
VACATED IN PART
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