Amare Enyew-Kassa v. Eric Holder, Jr. , 561 F. App'x 412 ( 2014 )


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  •      Case: 13-60266      Document: 00512591307         Page: 1    Date Filed: 04/09/2014
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 13-60266
    Summary Calendar
    United States Court of Appeals
    Fifth Circuit
    FILED
    April 9, 2014
    AMARE ENYEW-KASSA,
    Lyle W. Cayce
    Clerk
    Petitioner
    v.
    ERIC H. HOLDER, JR., U.S. ATTORNEY GENERAL,
    Respondent
    Petition for Review of an Order of the
    Board of Immigration Appeals
    BIA No. A089 479 023
    Before DAVIS, BENAVIDES, and PRADO, Circuit Judges.
    PER CURIAM: *
    Amare Enyew-Kassa, a citizen of Ethiopia, petitions for review of a
    decision by the Board of Immigration Appeals (BIA) dismissing his appeal of
    the immigration judge’s (IJ) denial of his application for asylum, withholding
    of removal, and relief under the Convention Against Torture (CAT). He has
    abandoned any challenge to the denial of withholding of removal or relief under
    the CAT by failing to brief those issues adequately. See Soadjede v. Ashcroft,
    * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH
    CIR. R. 47.5.4.
    Case: 13-60266    Document: 00512591307     Page: 2   Date Filed: 04/09/2014
    No. 13-60266
    
    324 F.3d 830
    , 833 (5th Cir. 2003); Brinkmann v. Dallas Cnty. Deputy Sheriff
    Abner, 
    813 F.2d 744
    , 748 (5th Cir. 1987). We review the determination of an
    alien’s eligibility for asylum for substantial evidence. Zhang v. Gonzales, 
    432 F.3d 339
    , 344-45 (5th Cir. 2005).
    In his written declaration, Enyew-Kassa asserted that he feared
    persecution upon return to Ethiopia, explaining that (1) he joined CUD, a
    political party opposed to the government, in November 2004; (2) he was
    arrested and tortured in March, May, and June of 2005, with the longest
    detention being three weeks; and (3) his father was shot and killed in
    November 2005. During his hearing, Enyew-Kassa declared that he last left
    Ethiopia on July 23, 2005. He initially testified that his father was killed in
    November 2005. Later, however, Enyew-Kassa stated that his father was
    killed in December 2005, and when asked again to provide the correct date of
    his father’s death, he stated that his father was killed in November 2004, but
    immediately corrected the date to November 2005. Additionally, he asserted
    that he was in prison when he learned of his father’s death and that upon his
    release, he searched his mother’s house for proof that his father’s death was
    politically motivated. Enyew-Kassa further declared that he joined CUD in
    December 2004, motivated, in part, by his father’s death. He then testified
    that he officially joined CUD in 2005 during election time, but then stated that
    he did not officially join CUD and was involved only in supporting activities.
    In light of the inconsistent and often vague testimony, the IJ did not err
    by concluding that Enyew-Kassa was not a credible witness. See Wang v.
    Holder, 
    569 F.3d 531
    , 537-38 (5th Cir. 2009); 
    8 U.S.C. § 1158
    (b)(1)(B)(iii).
    Substantial evidence supports the denial of his application for asylum. See
    Wang, 
    569 F.3d at 536-37
    ; Zhang, 432 F.3d at 344-45. Accordingly, Enyew-
    Kassa’s petition for review is DENIED.
    2
    

Document Info

Docket Number: 13-60266

Citation Numbers: 561 F. App'x 412

Judges: Benavides, Davis, Per Curiam, Prado

Filed Date: 4/9/2014

Precedential Status: Non-Precedential

Modified Date: 8/31/2023