No. 10-1726
ENANU ABERA,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
Argued:
Decided:
November 8, 2011
PER CURIAM:
Enanu
Abera,
an
Ethiopian
citizen
of
Amhara
ethnicity,
(1) determining
an
erroneous
adverse
credibility
determination.
For
the
I.
We
begin
by
recounting
the
basic
facts
as
described
by
months
threats
and
involved
insults.
Her
four
interrogations
government
captors
and
accused
repeated
her
of
she
undemocratic.
openly
criticized
the
national
election
as
her
released
of
her
attempting
with
to
warning
overthrow
that
the
further
They
government
political
and
activity
2001, Abera and her husband left Ethiopia and arrived in the
United States on nonimmigrant tourist visas.
for
asylum
within
applicant.
in
the
one
year,
listing
Abera
as
derivative
United
coalition
States,
incorporating
she
has
the
been
involved
AAPO)
by
in
Kinijit
making
(a
financial
for
nine
years
for
his
affiliation
with
the
prior
under
the
Convention
Against
Torture
(CAT).
Her
Because
Aberas asylum application was not filed within one year of her
3
arrival, she
attempted
to
demonstrate
changed
circumstances
BIA
affirmed,
concluding
(1)
Abera
failed
to
show
basis
clearly
of
denial
erroneous.
of
withholding
Abera
now
and
petitions
CAT
for
relief)
review
was
in
not
this
II.
In
order
demonstrate
by
to
qualify
clear
and
for
asylum,
convincing
an
applicant
evidence
that
must
her
8 U.S.C. 1158(a)(2)(B).
the
applicants
eligibility
for
asylum
or
extraordinary
Abera
asserts
that
her
sisters
2004
arrest
and
have
Attorney
jurisdiction
General
to
under
review
any
determination
1158(a)(2)].
This
of
includes
the
both
whether an alien has complied with the one-year time limit and
whether
there
are
changed
not
questions
or
extraordinary
circumstances
precluded
of
from
law,
reviewing
see
U.S.C.
constitutional
claims
1252(a)(2)(D),
absent
or
a
barred
from
reviewing
discretionary
failing
constitutes
demonstrates
to
a
consider
changed
that
Aberas sister.
the
whether
her
circumstance.
IJ
considered
sisters
The
the
unconvinced
record,
evidence
arrest
however,
regarding
2004
by
Aberas
changing
5
reasons.
Accordingly,
our
review
circumstance.
of
whether
Her
claim
she
demonstrated
thus
falls
changed
squarely
within
III.
Next, Abera challenges the denial of her application for
withholding
of
removal
application
for
under
withholding
8
of
U.S.C.
removal
1231(b)(3).
carries
An
higher
withholding
must
of
removal,
an
applicant
demonstrate
by
threatened
nationality,
political
membership
opinion.
because
in
8
of
[her]
particular
U.S.C.
race,
social
1231(b)(3)(A).
religion,
group,
or
Clear
probability means more likely than not that the alien would
be subject to persecution upon removal.
370.
whole.
See
INS
v.
EliasZacarias,
(1992).
6
502
U.S.
478,
481
including
generally
adverse
considered
Administrative findings of
credibility
conclusive
determinations,
unless
any
are
reasonable
deference
to
substantial evidence.
findings
supported
by
While we will
508
reasons
(4th
Cir.
2008),
includ[ing]
evidence,
and
we
defer
inconsistent
inherently
to
specific
statements,
improbable
testimony.
and
cogent
contradictory
Tewabe,
446
contrary
inconsistent
testimony
conclusion.
regarding
In
her
particular,
husbands
role
Aberas
in
the
reasons
relied
on
by
the
credibility finding.
IJ
to
support
the
adverse
Adverse
credibility
notwithstanding,
an
application
for
evidence.
reversible error.
Failure
to
consider
such
evidence
is
Tao Lin v. Holder, 611 F.3d 228, 237 & n.9 (4th Cir. 2010).
Abera asserts that the IJ erred in this manner by failing to
consider the totality of the evidence corroborating her claims
of past persecution, and the evidence of her ongoing political
activities
inside
demonstrates
presented.
seeks
that
the
United
the
IJ
States.
adequately
The
record,
considered
the
however,
evidence
withholding
of
removal
because
we
conclude
that
IV.
For the foregoing reasons, Aberas petition for review is
DISMISSED IN PART AND DENIED IN PART.