Filed: Oct. 28, 2014
Latest Update: Mar. 02, 2020
Summary: Case: 13-13894 Date Filed: 10/28/2014 Page: 1 of 7 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 13-13894 Non-Argument Calendar _ Agency No. A097-636-058 YELKAL GELAHUN IDO, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. _ Petition for Review of a Decision of the Board of Immigration Appeals _ (October 28, 2014) Before ED CARNES, Chief Judge, JORDAN and ROSENBAUM, Circuit Judges. PER CURIAM: Case: 13-13894 Date Filed: 10/28/2014 Page: 2 of 7 Yelka
Summary: Case: 13-13894 Date Filed: 10/28/2014 Page: 1 of 7 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 13-13894 Non-Argument Calendar _ Agency No. A097-636-058 YELKAL GELAHUN IDO, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. _ Petition for Review of a Decision of the Board of Immigration Appeals _ (October 28, 2014) Before ED CARNES, Chief Judge, JORDAN and ROSENBAUM, Circuit Judges. PER CURIAM: Case: 13-13894 Date Filed: 10/28/2014 Page: 2 of 7 Yelkal..
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Case: 13-13894 Date Filed: 10/28/2014 Page: 1 of 7
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 13-13894
Non-Argument Calendar
________________________
Agency No. A097-636-058
YELKAL GELAHUN IDO,
Petitioner,
versus
U.S. ATTORNEY GENERAL,
Respondent.
________________________
Petition for Review of a Decision of the
Board of Immigration Appeals
________________________
(October 28, 2014)
Before ED CARNES, Chief Judge, JORDAN and ROSENBAUM, Circuit Judges.
PER CURIAM:
Case: 13-13894 Date Filed: 10/28/2014 Page: 2 of 7
Yelkal Ido, a native and citizen of Ethiopia, petitions this Court for a second
time to review the Board of Immigration Appeals’ (BIA) final order affirming an
Immigration Judge’s (IJ) denial of his application for asylum. After reviewing his
first petition, we upheld the BIA’s conclusion that Ido was not credible because
that finding was supported by substantial evidence. See Ido v. U.S. Att’y Gen.,
480 F. App’x 972, 976–77 (11th Cir. 2012) (unpublished). We nevertheless
remanded the case to the BIA because the Board’s decision had been based solely
on its credibility finding, and the BIA had failed to consider whether documentary
evidence presented by Ido independently established that he was entitled to
asylum. See Ido, 480 F. App’x at 977–78; see also Forgue v. U.S. Att’y Gen.,
401
F.3d 1282, 1287 (11th Cir. 2005) (“[A]n adverse credibility determination does not
alleviate the IJ’s duty to consider other evidence produced by an asylum applicant.
That is, the IJ must still consider all evidence introduced by the applicant. If the
applicant produces no evidence other than his testimony, an adverse credibility
determination is alone sufficient to support the denial of an asylum application. If,
however, the applicant produces other evidence of persecution, whatever form it
may take, the IJ must consider that evidence, and it is not sufficient for the IJ to
rely solely on an adverse credibility determination in those instances.”).
We instructed the Board to consider whether Ido was entitled to asylum in
light of the other evidence he had presented, including a copy of an Ethiopian
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warrant issued for his arrest in 2001.
Id. at 978. On remand, the BIA considered
that evidence and upheld the IJ’s denial of the asylum application. Ido now
petitions us to review that decision.
I.
We review “only the BIA’s decision, except to the extent that it expressly
adopts the IJ’s opinion or reasoning.” Zhu v. U.S. Att’y Gen.,
703 F.3d 1303,
1307 (11th Cir. 2013) (quotation marks and brackets omitted). We review
administrative factfindings under the highly deferential substantial evidence test,
viewing the evidence in the light most favorable to the agency’s decision and
drawing all reasonable inferences in favor of that decision. Adefemi v. Ashcroft,
386 F.3d 1022, 1026–27 (11th Cir. 2004) (en banc). Factual findings may be
reversed only when the record compels reversal.
Id. at 1027. We must affirm the
BIA’s decision if it is “supported by reasonable, substantial, and probative
evidence on the record considered as a whole.” Al Najjar v. Ashcroft,
257 F.3d
1262, 1284 (11th Cir. 2001) (quotation omitted).
A.
Ido contends that the BIA erred when it concluded that the Ethiopian arrest
warrant, which he submitted in support of his asylum application, was not
authenticated and was thus entitled to little evidentiary weight. He asserts that the
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document was authenticated by his own testimony of how he obtained it and by the
purportedly official government seals on it.
An applicant seeking asylum bears the burden of authenticating documents
submitted in support of his application. Ali v. U.S. Att’y Gen.,
443 F.3d 804, 813–
14 (11th Cir. 2006) (rejecting applicant’s contention that the BIA “should have
explored other methods of authentication” because the burden of authentication
was on the applicant) (quotation marks omitted). Unauthenticated documents
“lack veracity and are entitled to no deference” from a reviewing court. Mu Ying
Wu v. U.S. Att’y Gen.,
745 F.3d 1140, 1153 (11th Cir. 2014); accord Li Shan
Chen v. U.S. Att’y Gen.,
672 F.3d 961, 964 (11th Cir. 2011); Yang v. U.S. Att’y
Gen.,
418 F.3d 1198, 1202 n.3 (11th Cir. 2005). Therefore, an immigration court
has the discretion to discount unauthenticated documents “as lacking in probative
value.” Xiu Ying Wu v. U.S. Att’y Gen.,
712 F.3d 486, 497 (11th Cir. 2013).
In an immigration proceeding, the typical way to authenticate a foreign
document is to follow the procedures set out in 8 C.F.R. §§ 287.6(b) and
1287.6(b).1 It is undisputed that Ido did not follow those procedures. While he
could have tried to authenticate the warrant through other means, see Vatyan v.
Mukasey,
508 F.3d 1179, 1184–85 (9th Cir. 2007); Gui Cun Liu v. Ashcroft, 372
1
These regulations apply to foreign documents from countries, such as Ethiopia, that
have not signed the Hague Convention Abolishing the Requirement of Legislation for Foreign
Public Documents. See 8 C.F.R. §§ 287.6(b), 1287.6(b)
4
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7
F.3d 529, 532–33 (3d Cir. 2004), the BIA found that Ido had not taken any steps to
authenticate the arrest warrant. That finding is supported by substantial evidence.
Although Ido claims that the warrant was authenticated by his own testimony and
the allegedly official seals on the document, we have already held that the BIA’s
adverse credibility finding was supported by substantial evidence, and he has failed
to present any evidence that the seals on the arrest warrant were authentic.
Therefore, the record does not compel the conclusion that the arrest warrant was
authentic, and the BIA did not err by affording that evidence little weight. See Mu
Ying
Wu, 745 F.3d at 1154; Xiu Ying
Wu, 712 F.3d at 497.
B.
Ido also contends that the BIA did not give reasoned consideration to his
asylum application. He specifically asserts that the BIA misunderstood the nature
of his petition and failed to consider portions of his testimony that were
uncontroverted.
When it is reviewing an IJ’s denial of an asylum application, the BIA must
consider all of the evidence submitted by the applicant. Seck v. U.S. Att’y Gen.,
663 F.3d 1356, 1364 (11th Cir. 2011). The BIA does not have to specifically
address each of the applicant’s claims and each piece of evidence presented, so
long as it gives reasoned consideration to the application and makes adequate
findings.
Id. The BIA is merely required to “consider the issues raised and
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announce its decision in terms sufficient to enable a reviewing court to perceive
that it has heard and thought and not merely reacted.”
Id. (quotation marks
omitted).
The record in this case indicates that the BIA gave reasoned consideration to
Ido’s application. The BIA specifically addressed each piece of evidence Ido
submitted in support of his application, and its thorough analysis of the reliability
and probative value of that evidence demonstrates that it “heard and thought”
about the issues raised in the asylum application. See
id. Ido asserts that the BIA
failed to consider uncontroverted aspects of his testimony; however, he does not
identify any authority indicating that it was required to do so after having already
made an adverse credibility determination that was upheld by this Court. The BIA
may credit some portions of an applicant’s testimony after making an adverse
credibility finding. See Mohammed v. U.S. Att’y Gen.,
547 F.3d 1340, 1348 (11th
Cir. 2008) (“[T]he point of an internal inconsistency is that the trier may believe
one part of an applicant’s story and not believe others. The Immigration Judge and
the Board are entitled to credit some parts of [the applicant’s] testimony and to
discredit others.”). But the BIA is not required to do so, particularly when we have
already upheld the BIA’s credibility determination in a prior appeal.
II.
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The BIA properly evaluated Ido’s documentary evidence on remand and its
decision is supported by reasonable, substantial, and probative evidence on the
record considered as a whole. Al
Najjar, 257 F.3d at 1284. We therefore deny
Ido’s petition.
PETITION DENIED.
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