Konate v. Gonzales

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 06a0311n.06
Filed: May 4, 2006
No. 04-4492
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
HAWA KONATE, )
)
Petitioner, )
) ON APPEAL FROM THE
v. ) UNITED STATES BOARD OF
) IMMIGRATION APPEALS
ALBERTO GONZALES, )
) MEMORANDUM
Respondent. ) OPINION
BEFORE: NORRIS, SUHRHEINRICH, and ROGERS, Circuit Judges.
PER CURIAM. Hawa Konate petitions for review of a decision by the Board of
Immigration Appeals (“Board”) summarily affirming an immigration judge’s decision to deny
asylum and withholding of removal under the Immigration and Nationality Act, 8 U.S.C. § 1101 et
seq., and relief under the Convention Against Torture.
Petitioner, who is a citizen of the Republic of Congo, fled her native country and arrived in
the United States carrying the passport of her cousin. While she concedes that she is removable, she
filed an untimely application for asylum based upon her family’s alleged persecution in the Congo
by a militia group aligned with a political party at odds with a party supported by her adoptive
father. According to her testimony, petitioner was abducted from the family home by militiamen
in January 2000. She was taken to their camp where she was questioned about her father’s activities,
raped, and beaten. Two weeks later, she escaped and made her way, first to Mali, and then to the
No. 04-4492
Konate v. Gonzales
United States, arriving in July 2000. In addition to these events, petitioner advances a claim for
asylum based upon her fear that her daughter, who was born in the United States, will be subjected
to female genital mutilation, as was petitioner as a child, if she returns with her mother to her
homeland.
This court has jurisdiction to review the final decision of the Board “affirming the
[immigration judge’s] denial of asylum, withholding of removal, and relief under the Convention
against Torture.” Singh v. Ashcroft, 398 F.3d 396, 400 (6th Cir. 2005); 8 U.S.C. § 1252. If the Board
affirms the immigration judge’s decision without opinion or adopts its reasoning, then we review
the immigration judge’s decision directly. Singh, 398 F.3d at 401; Denko v. INS, 351 F.3d 717, 723
(6th Cir. 2003).
“We review administrative findings of fact, such as whether an alien qualifies as a refugee,
under the substantial evidence standard, keeping in mind that such findings are ‘conclusive unless
any reasonable adjudicator would be compelled to conclude to the contrary.’” Singh, 398 F.3d at 400
(quoting Yu v. Ashcroft, 364 F.3d 700, 702 (6th Cir. 2004) (quoting 8 U.S.C. § 1252(b)(4)(B)).
Credibility determinations, likewise, are afforded substantial deference. Vasha v. Gonzales, 410
F.3d 863, 869 (6th Cir. 2005). The immigration judge’s denial of withholding of removal is also
reviewed under the substantial evidence standard. Allabani v. Gonzales, 402 F.3d 668, 674 (6th Cir.
2005).
We have reviewed the transcript of the removal hearing conducted by the immigration judge
with care and have given a similar degree of attention to petitioner’s brief to this court. As with
many asylum applicants, we are sympathetic to petitioner’s situation and recognize that removal
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No. 04-4492
Konate v. Gonzales
to her native country will cause hardship to her and to her family. That said, substantial evidence
exists to support the immigration judge’s decision denying relief: it identifies inconsistencies in
petitioner’s testimony that undermine her credibility, relies upon the relevant country reports issued
by the State Department to discount petitioner’s fear of female genital mutilation, and, finally,
explains why petitioner has an insufficient fear of political persecution or torture were she to return
to her homeland to justify relief.
The petition for review is denied based upon the Oral Decision of the immigration judge
dated January 16, 2004.
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