An adverse credibility determination is supported by substantial evidence even if some of the stated bases for the finding are not grounded in the record.
An alien seeking asylum, withholding of removal, and relief under the Convention Against Torture appeals the denial of his applications. The court determines that it lacks jurisdiction to review the immigration judge's decision regarding the timeliness of the asylum application based on the plain language of the Immigration and Nationality Act. Regarding the merits of the withholding and Convention claims, the court applies the substantial evidence standard to review the immigration judge's adverse credibility determination. Because the immigration judge's finding of material inconsistencies in the petitioner's testimony was supported by substantial evidence, the court affirms the denial of withholding of removal and relief under the Convention Against Torture.
At page 185 Jurisdictional limits on reviewing asylum application timeliness189 citing cases“the language of 8 u.s.c. 1158 (a)(3) clearly deprives us of jurisdiction to review an ij's determination that an asylum petition was not filed within the one year limitations period, and that such period was not tolled by extraordinary circumstances.”
- Setiawan v. Dep't of Homeland Sec., 241 F. App'x 899 (3d Cir. 2007).unpublished See Tarrawally, 338 F.3d at 188 (“country conditions alone can play a decisive role in granting relief under the Convention”).
- Marco Cosmai v. Attorney Gen. United States of Am., No. 22-1746 (3d Cir. Jan. 10, 2023).unpublishedSee 8 U.S.C. § 1158 (a)(3); Tarrawally v. Ashcroft, 338 F.3d 180, 185-86 (3d Cir. 2003).
- Jose Lopez-Sanchez v. Attorney Gen. United States, No. 20-3283 (3d Cir. Apr. 1, 2022).unpublishedTarrawally v. Ashcroft, 338 F.3d 180, 185 (3d Cir. 2003).
- Pingting You v. Attorney Gen. of the United States, 533 F. App'x 108 (3d Cir. 2013).unpublishedAccordingly, we have held that § 1158(a)(3) stripped us of jurisdiction to review a “determination that an asylum petition was not filed within the one year limitations period, and that such period was not tolled by extraordinary circumsta…
- Allison v. Attorney Gen. of the United States, 522 F. App'x 113 (3d Cir. 2013).unpublishedSee 8 U.S.C. § 1158 (a)(3); Tarrawally v. Ashcroft, 338 F.3d 180, 185 (3d Cir.2003).
- Macario Melendez v. Atty Gen USA, No. 11-3877 (3d Cir. May 23, 2012).unpublishedTarrawally v. Ashcroft, 338 F.3d 180, 185-86 (3d Cir. 2003).
- Melendez v. Attorney Gen. of the United States, 481 F. App'x 777 (3d Cir. 2012).unpublishedTarrawally v. Ashcroft, 338 F.3d 180, 185-86 (3d Cir.2003).
- Isdiati v. Attorney Gen. of the United States, 474 F. App'x 882 (3d Cir. 2012).unpublishedAbsent a legal or constitutional argument, the determination that Isdiati delayed too long in applying for asylum, and that she did not show that any of the exceptions to timeliness applied, is unreviewable. 8 U.S.C. § 1158 (a)(3); Tarrawa…
- Melania Isdiati v. Atty Gen USA, No. 11-3520 (3d Cir. Apr. 10, 2012).unpublishedWe have jurisdiction to review final orders of removal pursuant to 8 U.S.C. § 1252 (a)(1), (b)(1). 1 Isdiati has argued in her brief on appeal that a remand is in order because the agency overlooked her “pattern or practice” argument, see…
- Wati v. Atty Gen USA, 140 F. App'x 356 (3d Cir. 2005).unpublished
Show 164 more citing cases
- Abulashvili v. Attorney Gen. of the United States, 663 F.3d 197 (3d Cir. 2011).published
- Wongso v. Atty Gen USA, 91 F. App'x 751 (3d Cir. 2004).unpublished
- Andrushkevich v. Attorney Gen., 150 F. App'x 121 (3d Cir. 2005).unpublished
- Laszczowski v. Attorney Gen. of the United States, 133 F. App'x 860 (3d Cir. 2005).unpublished
- Lim v. Attorney Gen. of the United States, 201 F. App'x 127 (3d Cir. 2006).unpublished
- Ould Bah Nagi v. Atty Gen USA, 253 F. App'x 164 (3d Cir. 2007).unpublished
- Sundari v. Ashcroft, 116 F. App'x 372 (3d Cir. 2004).unpublished
- Boeng Lin Tan v. Attorney Gen. of the United States, 375 F. App'x 211 (3d Cir. 2010).unpublished
- Sohani v. Gonzales, 191 F. App'x 258 (5th Cir. 2006).unpublished
- Edgar Alvarez Cano v. Atty Gen USA, No. 09-1816 (3d Cir. Apr. 30, 2010).unpublished
- Awuy v. Attorney Gen. of the United States, 382 F. App'x 171 (3d Cir. 2010).unpublished
- Harry Palandi v. Atty Gen USA, No. 09-2374 (3d Cir. June 11, 2010).unpublished
- Qin Lin v. Attorney Gen. of the United States, 385 F. App'x 245 (3d Cir. 2010).unpublished
- Djoko Sutjipto v. Atty Gen USA, No. 10-1192 (3d Cir. July 14, 2010).unpublished
- Tambaani v. Attorney Gen. of the United States, 388 F. App'x 131 (3d Cir. 2010).unpublished
- Ong v. Attorney Gen. of the United States, 392 F. App'x 997 (3d Cir. 2010).unpublished
- Suryo Nagautama v. Atty Gen USA, No. 09-4610 (3d Cir. Oct. 18, 2010).unpublished
- Yaroslav Bodnaruk v. Atty Gen USA, No. 09-4558 (3d Cir. Oct. 20, 2010).unpublished
- Haoud v. Ashcroft, 350 F.3d 201 (1st Cir. 2003).published
- Njenga v. Ashcroft, 386 F.3d 335 (1st Cir. 2004).published
- Sharari v. Ashcroft, 407 F.3d 467 (1st Cir. 2005).published
- Jacek Betkowski v. Atty Gen USA, No. 10-4024 (3d Cir. Mar. 15, 2011).unpublished
- Moussa Diallo v. Atty Gen USA, No. 10-2377 (3d Cir. May 23, 2011).unpublished
- Moodie v. Attorney Gen. of the United States, 448 F. App'x 280 (3d Cir. 2011).unpublished
- Nourain B. Niam, & Peter Blagoev, Iordanka Kissiova, & Iana Kissiova v. John Ashcroft, Attorney Gen. of the United States, 354 F.3d 652 (7th Cir. 2004).published
- Syed Zaidi v. John D. Ashcroft, Attorney Gen. of the United States of Am., 377 F.3d 678 (7th Cir. 2004).published
- Detelina Vladimirova, Bisser Vladimirova & Monika Vladimirova v. John D. Ashcroft, Attorney Gen. of the United States of Am., 377 F.3d 690 (7th Cir. 2004).published
- Abel Mehari Nigussie v. John D. Ashcroft, as Attorney Gen. of the United States, & Bureau of Citizenship & Immigr. Servs., 383 F.3d 531 (7th Cir. 2004).published
- Xiao Ji Chen v. United States Dep't of Just., Attorney Gen. Alberto R. Gonzales, 434 F.3d 144 (2d Cir. 2006).published
- Zaza Gabuniya v. Attorney Gen. of the United States, 463 F.3d 316 (3d Cir. 2006).published
- Xiao Ji Chen v. United States Dep't of Just., Attorney Gen. Alberto R. Gonzales, 471 F.3d 315 (2d Cir. 2006).published
- Wolete v. Ashcroft, 78 F. App'x 230 (4th Cir. 2003).unpublished
- Ul Hassan v. Ashcroft, 82 F. App'x 838 (4th Cir. 2003).unpublished
- Nyonda v. Ashcroft, 86 F. App'x 588 (4th Cir. 2004).unpublished
- Elhaj v. Ashcroft, 96 F. App'x 121 (4th Cir. 2004).unpublished
- Vinokur v. Ashcroft, 100 F. App'x 913 (4th Cir. 2004).unpublished
- Fisehaye v. Ashcroft, No. 04-1235 (4th Cir. July 30, 2004).unpublished
- Amba v. Ashcroft, 103 F. App'x 766 (4th Cir. 2004).unpublished
- Tek Jong Tjie v. Ashcroft, 106 F. App'x 840 (4th Cir. 2004).unpublished
- Temesgen v. Ashcroft, 104 F. App'x 366 (4th Cir. 2004).unpublished
- Abdullahi v. Ashcroft, 114 F. App'x 561 (4th Cir. 2004).unpublished
- Essim v. Gonzales, 161 F. App'x 299 (4th Cir. 2006).unpublished
- Majid v. Holder, 336 F. App'x 389 (4th Cir. 2009).unpublished
- Fuentes-Miranda v. Attorney Gen. of the United States, 533 F. App'x 110 (3d Cir. 2013).unpublished
- Niam, Nourain B. v. Ashcroft, John, No. 02-4292 (7th Cir. Jan. 7, 2004).published
- Halidou, Hadi v. Gonzales, Alberto R., 175 F. App'x 776 (7th Cir. 2006).unpublished
- Crivoseia v. Atty Gen USA, 104 F. App'x 237 (3d Cir. 2004).unpublished
- Tjong v. Atty Gen USA, 102 F. App'x 745 (3d Cir. 2004).unpublished
- Raharjo v. Atty Gen USA, No. 03-1941 (3d Cir. Apr. 14, 2004).unpublished
- Kurniawan v. Atty Gen USA, 89 F. App'x 369 (3d Cir. 2004).unpublished
- Jimenez-Mora v. Atty Gen USA, 86 F. App'x 527 (3d Cir. 2004).unpublished
- Keng Lin v. Attorney Gen., 159 F. App'x 332 (3d Cir. 2005).unpublished
- Puspitasari v. Atty Gen USA, 152 F. App'x 243 (3d Cir. 2005).unpublished
- Sugiarto v. Atty Gen USA, 153 F. App'x 104 (3d Cir. 2005).unpublished
- Hartono v. Atty Gen USA, 152 F. App'x 182 (3d Cir. 2005).unpublished
- Tjhia v. Atty Gen USA, 153 F. App'x 58 (3d Cir. 2005).unpublished
- Uy v. Atty Gen USA, 144 F. App'x 952 (3d Cir. 2005).unpublished
- Chandra v. Attorney Gen. of the United States, 142 F. App'x 623 (3d Cir. 2005).unpublished
- Magdalena v. Attorney Gen. of the United States, 139 F. App'x 467 (3d Cir. 2005).unpublished
- Kerpi v. Atty Gen USA, 139 F. App'x 436 (3d Cir. 2005).unpublished
- Itjie v. Atty Gen USA, 139 F. App'x 426 (3d Cir. 2005).unpublished
- Kok Swie Tjen v. Gonzales, 143 F. App'x 405 (3d Cir. 2005).unpublished
- Msyati v. Atty Gen USA, 133 F. App'x 857 (3d Cir. 2005).unpublished
- Mati v. Atty Gen USA, 133 F. App'x 844 (3d Cir. 2005).unpublished
- Liu v. Atty Gen USA, 133 F. App'x 850 (3d Cir. 2005).unpublished
- Lolita v. Attorney Gen., 126 F. App'x 50 (3d Cir. 2005).unpublished
- Guo Ping Huang v. Ashcroft, 124 F. App'x 129 (3d Cir. 2005).unpublished
- Lie v. Sec'y of Dep't of Homeland Sec., 121 F. App'x 453 (3d Cir. 2005).unpublished
- Tirtakusumah v. Attorney Gen., 209 F. App'x 115 (3d Cir. 2006).unpublished
- Kurniawan v. Attorney Gen., 208 F. App'x 164 (3d Cir. 2006).unpublished
- Liwe v. Attorney Gen., 207 F. App'x 141 (3d Cir. 2006).unpublished
- Abdelmessih v. Atty Gen USA, No. 05-4244 (3d Cir. Nov. 6, 2006).unpublished
- Indra v. Attorney Gen. of the United States, 201 F. App'x 874 (3d Cir. 2006).unpublished
- Gonzales v. Cai Di Chen, 201 F. App'x 856 (3d Cir. 2006).unpublished
- Hardiono v. Attorney Gen. of the United States, 199 F. App'x 191 (3d Cir. 2006).unpublished
- Gabuniya v. Atty Gen USA, No. 05-3339 (3d Cir. Sept. 19, 2006).published
- Chen v. Atty Gen USA, No. 05-3404 (3d Cir. Sept. 8, 2006).unpublished
- Budiyono v. Attorney Gen. of United States, 181 F. App'x 332 (3d Cir. 2006).unpublished
- Iskandar v. Attorney Gen. of the United States, 186 F. App'x 232 (3d Cir. 2006).unpublished
- Ang v. Atty Gen USA, No. 05-3312 (3d Cir. June 14, 2006).unpublished
- Agusalim v. Atty Gen USA, No. 05-1685 (3d Cir. May 24, 2006).unpublished
- Rasjid v. Atty Gen USA, No. 04-4039 (3d Cir. May 22, 2006).unpublished
- Lim v. Atty Gen USA, No. 05-1630 (3d Cir. May 15, 2006).unpublished
- Iskandar v. Attorney Gen. of United States, 179 F. App'x 137 (3d Cir. 2006).unpublished
- Swandayani v. Attorney Gen., 174 F. App'x 92 (3d Cir. 2006).unpublished
- Lengkong v. Attorney Gen., 177 F. App'x 209 (3d Cir. 2006).unpublished
- Soebiakto v. Attorney Gen. of the United States, 168 F. App'x 525 (3d Cir. 2006).unpublished
- Nio v. Atty Gen USA, No. 06-3304 (3d Cir. Dec. 11, 2007).unpublished
- Widjaja v. Atty Gen USA, No. 06-3100 (3d Cir. Dec. 7, 2007).unpublished
- Matoke v. Attorney Gen. of United States, 242 F. App'x 875 (3d Cir. 2007).unpublished
- Meiliana v. Atty Gen USA, 242 F. App'x 861 (3d Cir. 2007).unpublished
- Santoso v. Attorney Gen. of the United States, 233 F. App'x 202 (3d Cir. 2007).unpublished
- Kyrnuchuk v. Attorney Gen. of the United States, 230 F. App'x 226 (3d Cir. 2007).unpublished
- Tode v. Atty Gen USA, No. 06-2741 (3d Cir. July 10, 2007).unpublished
- Sugiarto v. Attorney Gen., 229 F. App'x 116 (3d Cir. 2007).unpublished
- Gul v. Atty Gen USA, 221 F. App'x 137 (3d Cir. 2007).unpublished
- Gunawan v. Attorney Gen., 221 F. App'x 118 (3d Cir. 2007).unpublished
- Tjandra v. Attorney Gen. of United States, 219 F. App'x 129 (3d Cir. 2007).unpublished
- Tjioe v. Attorney Gen. of the United States, 216 F. App'x 153 (3d Cir. 2007).unpublished
- Abdel Rahman v. Atty Gen USA, 215 F. App'x 78 (3d Cir. 2007).unpublished
- Hollis v. Attorney Gen. of United States, 299 F. App'x 160 (3d Cir. 2008).unpublished
- Kasim v. Attorney Gen. of the United States, 285 F. App'x 919 (3d Cir. 2008).unpublished
- Chin v. Attorney Gen., 283 F. App'x 922 (3d Cir. 2008).unpublished
- Soekarjan v. Attorney Gen., 283 F. App'x 47 (3d Cir. 2008).unpublished
- Kupczyk v. Attorney Gen., 283 F. App'x 44 (3d Cir. 2008).unpublished
- Sudarsono v. Attorney Gen., 279 F. App'x 171 (3d Cir. 2008).unpublished
- Alim v. Attorney Gen., 280 F. App'x 162 (3d Cir. 2008).unpublished
- Qin Lin v. Attorney Gen., 279 F. App'x 188 (3d Cir. 2008).unpublished
- Sierra-Ochoa v. Attorney Gen. of the United States, 278 F. App'x 197 (3d Cir. 2008).unpublished
- Anam v. Attorney Gen., 277 F. App'x 261 (3d Cir. 2008).unpublished
- Suharyadi v. Attorney Gen., 271 F. App'x 209 (3d Cir. 2008).unpublished
- Suparkana v. Attorney Gen. of United States, 268 F. App'x 147 (3d Cir. 2008).unpublished
- Iqbal v. Attorney Gen. of the United States, 331 F. App'x 186 (3d Cir. 2009).unpublished
- Wiendarta v. Attorney Gen. of the United States, 331 F. App'x 117 (3d Cir. 2009).unpublished
- Fatima v. Attorney Gen. of the United States, 332 F. App'x 784 (3d Cir. 2009).unpublished
- Sutiowijono v. Attorney Gen. of the United States, 331 F. App'x 966 (3d Cir. 2009).unpublished
- Lay v. Atty Gen USA, No. 08-1443 (3d Cir. May 5, 2009).unpublished
- Ilunga v. Attorney Gen. of the United States, 317 F. App'x 293 (3d Cir. 2009).unpublished
- Gao v. Attorney Gen. of United States, 313 F. App'x 501 (3d Cir. 2009).unpublished
- Raharjo v. United States Dep't of Just., Attorney Gen. Ashcroft, 94 F. App'x 84 (3d Cir. 2004).unpublished
- Paul v. Ashcroft, 119 F. App'x 818 (7th Cir. 2005).unpublished
- Siswanto v. Ashcroft, 123 F. App'x 82 (3d Cir. 2005).unpublished
- Suherman v. Ashcroft, 125 F. App'x 393 (3d Cir. 2005).unpublished
- Siswanto v. Attorney Gen., 140 F. App'x 393 (3d Cir. 2005).unpublished
- Wibowo v. Gonzales, 140 F. App'x 401 (3d Cir. 2005).unpublished
- Kraynyak v. Bureau of Citizenship & Immigr. Servs., 147 F. App'x 225 (2d Cir. 2005).unpublished
- Betkowski v. Attorney Gen. of the United States, 420 F. App'x 133 (3d Cir. 2011).unpublished
- Diallo v. Attorney Gen. of the United States, 428 F. App'x 179 (3d Cir. 2011).unpublished
- Ding Jian Zhang v. Gonzales, 159 F. App'x 268 (2d Cir. 2005).unpublished
- Haniffa v. Gonzales, 165 F. App'x 28 (2d Cir. 2006).unpublished
- Hwie Liong Lim v. Attorney Gen. of United States, 179 F. App'x 143 (3d Cir. 2006).unpublished
- Rasjid v. Gonzales, 179 F. App'x 807 (3d Cir. 2006).unpublished
- Gunadi Ali Lay v. Attorney Gen. of the United States, 324 F. App'x 199 (3d Cir. 2009).unpublished
- Sanjata v. Attorney Gen. of the United States, 336 F. App'x 262 (3d Cir. 2009).unpublished
- Hadisaputra v. Attorney Gen. of the United States, 344 F. App'x 750 (3d Cir. 2009).unpublished
- Singh v. Attorney Gen. of the United States, 346 F. App'x 850 (3d Cir. 2009).unpublished
- Indriati v. Attorney Gen. of the United States, 347 F. App'x 815 (3d Cir. 2009).unpublished
- Tiit v. Attorney Gen. of the United States, 351 F. App'x 701 (3d Cir. 2009).unpublished
- Seed v. Attorney Gen. of the United States, 351 F. App'x 732 (3d Cir. 2009).unpublished
- Ren Deng Dong v. Attorney Gen. of the United States, 353 F. App'x 755 (3d Cir. 2009).unpublished
- Churilov v. Attorney Gen., 366 F. App'x 407 (3d Cir. 2010).unpublished
- Arachchillage v. Attorney Gen. of the United States, 372 F. App'x 243 (3d Cir. 2010).unpublished
- Cano v. Attorney Gen. of the United States, 378 F. App'x 164 (3d Cir. 2010).unpublished
- Sebki v. Attorney Gen. of the United States, 378 F. App'x 184 (3d Cir. 2010).unpublished
- Palandi v. Attorney Gen. of the United States, 384 F. App'x 168 (3d Cir. 2010).unpublished
- Bodnaruk v. Attorney Gen. of the United States, 397 F. App'x 805 (3d Cir. 2010).unpublished
- Nagautama v. Attorney Gen. of the United States, 397 F. App'x 828 (3d Cir. 2010).unpublished
- Agusalim v. Gonzales, 181 F. App'x 144 (3d Cir. 2005).unpublished
- Thian Hok Ang v. Attorney Gen. of the United States, 186 F. App'x 235 (3d Cir. 2006).unpublished
- Xiao Ling Chen v. Attorney Gen. of the United States, 193 F. App'x 176 (3d Cir. 2006).unpublished
- Eskander Abdelmessih v. Attorney Gen. of the United States, 205 F. App'x 950 (3d Cir. 2006).unpublished
- Puspitasari v. Gonzales, 207 F. App'x 213 (3d Cir. 2006).unpublished
- Tjing v. Attorney Gen. of United States, 218 F. App'x 123 (3d Cir. 2007).unpublished
- Wisageni Tode v. Attorney Gen. of the United States, 237 F. App'x 770 (3d Cir. 2007).unpublished
- Lan Hiong Nio v. Attorney Gen. of the United States, 257 F. App'x 484 (3d Cir. 2007).unpublished
- Widjaya v. Attorney Gen. of the United States, 257 F. App'x 532 (3d Cir. 2007).unpublished
- Khan v. Attorney Gen., 272 F. App'x 181 (3d Cir. 2008).unpublished
- Radius v. Attorney Gen., 273 F. App'x 205 (3d Cir. 2008).unpublished
- Sunarto v. Attorney Gen., 275 F. App'x 168 (3d Cir. 2008).unpublished
- Pedro Garcia-Salazar v. Attorney Gen. United States of Am., No. 23-2016 (3d Cir. Mar. 11, 2024).unpublished
- Ellyana Sukwanputra Yulius Sukwanputra v. Alberto Gonzales, Attorney Gen. United States of Am., 434 F.3d 627 (3d Cir. 2006).published
- Adel Fadlala Jarbough v. Attorney Gen. of the United States, 483 F.3d 184 (3d Cir. 2007).published
- Sukwanputra v. Atty Gen USA, No. 04-3336 (3d Cir. Jan. 19, 2006).published
- Jarbough v. Atty Gen USA, No. 06-1081 (3d Cir. Apr. 11, 2007).published
At page 184 Reviewing factual findings under substantial evidence standard115 citing cases“reasonable, substantial and probative evidence on the record considered as a whole.”
- Johnny Castro-Urdieles v. Attorney Gen. United States of Am., No. 23-2665 (3d Cir. July 17, 2024).unpublishedTarrawally v. Ashcroft, 338 F.3d 180, 184 (3d Cir. 2003).
- Yahye Herrow v. Attorney Gen. United States of Am., 93 F.4th 107 (3d Cir. 2024).publishedBecause the BIA and IJ ignored evidence favorable to Herrow, we will grant his petition in part and remand for a more comprehensive review of the evidence. 20 Leia v. Ashcroft, 393 F.3d 427 , 433 n.5 (3d Cir. 2005); Myrie, 855 F.3d at 515…
- Iwayemi Ogunsanya v. Attorney Gen. United States, No. 20-2598 (3d Cir. May 18, 2021).unpublishedTarrawally v. Ashcroft, 338 F.3d 180, 184 (3d Cir. 2003).
- Jose Hercules v. Attorney Gen. United States, No. 20-2625 (3d Cir. Apr. 6, 2021).unpublishedWe review the agency’s factual findings underlying its denial of these latter two 4 To qualify as a PSG, a group must be “(1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially…
- Julio Ferreira v. Attorney Gen. United States, No. 19-3730 (3d Cir. Sept. 10, 2020).unpublishedTarrawally v. Ashcroft, 338 F.3d 180, 184 (3d Cir. 2003).
- Wilson Guadalupe v. Attorney Gen. United States, 951 F.3d 161 (3d Cir. 2020).publishedNor does Pereira implicate the IJ’s jurisdiction to adjudicate the stop-time issue here. 7 Pllumi v. Att’y Gen. of United States, 642 F.3d 155, 160 (3d Cir. 2011). 8 See Tarrawally v. Ashcroft, 338 F.3d 180, 184 (3d Cir. 2003). 5 This case…
- Jonatan Rozco-Perez v. Attorney Gen. United States, No. 19-2222 (3d Cir. Feb. 4, 2020).unpublishedTarrawally v. Ashcroft, 338 F.3d 180, 184 (3d Cir. 2003). 3 The Government argues that Orozco-Perez waived any challenge to the agency’s determination about the cognizability of his proposed PSG for withholding of removal and waived any ch…
- Junior Amaya Rivas v. Attorney Gen. United States, No. 19-2148 (3d Cir. Nov. 26, 2019).unpublishedTarrawally v. Ashcroft, 338 F.3d 180, 184 (3d Cir. 2003).
- Billy Calderon-Argumedo v. Attorney Gen. United States, 704 F. App'x 99 (3d Cir. 2017).unpublishedTarrawally v. Ashcroft, 338 F.3d 180, 184 (3d Cir. 2003). 6 . 8 C.F.R. § 1208.16 (c)(3). 7 . 8 C.F.R. § 208.16 (c)(2); see also id. at § 208.17 (governing deferral of removal under the CAT). 8 .
- Mendoza-Ordonez v. Attorney Gen. of the United States, 869 F.3d 164 (3d Cir. 2017).publishedBut deference is not owed when the inference is not reasonably grounded in the record "as a whole.” Tarrawally v. Ashcroft, 338 F.3d 180, 184 (3d Cir. 2003).
Show 94 more citing cases
- Mohammad Israil v. Attorney Gen. United State, 693 F. App'x 99 (3d Cir. 2017).unpublishedTarrawally v. Ashcroft, 338 F.3d 180, 184 (3d Cir. 2003).
- Solodovnikova v. Attorney Gen. of the United States, 555 F. App'x 136 (3d Cir. 2014).unpublishedFinally, the Board upheld the IJ’s denial of relief under the CAT, concluding that Solodovniko-va had not established that it was more likely than not that she would be tortured by, or with the acquiescence of, the Ukrainian government. *1…
- Omar Gomaa Orabi v. Attorney Gen. United States, 738 F.3d 535 (3d Cir. 2014).published We review questions of law de novo, Caroleo v. Gonzales, 476 F.3d 158, 162 (3d Cir.2007), but we “will not disturb the IJ’s credibility determination and findings of fact if they are supported by reasonable, substantial and probative evide…
- Chung-Hua Chen v. Attorney Gen. United States, 532 F. App'x 163 (3d Cir. 2013).unpublished“Although we generally defer to the IJ’s inferences, ‘deference is not due where findings and conclusions are based on inferences or presumptions that are not reasonably grounded in the record, viewed as a whole.’ ” Tarrawally v. Ashcroft,…
- Xing Ming Huang v. Attorney Gen. of the United States, 529 F. App'x 280 (3d Cir. 2013).unpublished We reasoned such a requirement was “a natural corollary of the more general proposition that the IJ is required to consider the record as a whole.” Sen- shaj, 378 F.3d at 327 (citing Tarrawally v. Ashcroft, 338 F.3d 180, 184 (3d Cir.2003)).
- Sylla v. Atty Gen USA, 106 F. App'x 94 (3d Cir. 2004).unpublished
- Xueqieng Lin v. Attorney Gen. of the United States, 377 F. App'x 278 (3d Cir. 2010).unpublished
- Chao Gen Lin v. Attorney Gen. of the United States, 390 F. App'x 142 (3d Cir. 2010).unpublished
- Yun en Lin v. Attorney Gen. of the United States, 388 F. App'x 239 (3d Cir. 2010).unpublished
- Xinxi Lu v. Attorney Gen. of the United States, 391 F. App'x 216 (3d Cir. 2010).unpublished
- Hendro Purwanto v. Atty Gen USA, No. 09-3062 (3d Cir. Sept. 9, 2010).unpublished
- Mohammed Dolley v. Atty Gen USA, No. 10-1804 (3d Cir. July 28, 2011).unpublished
- Yash Paul v. Atty Gen USA, No. 11-2434 (3d Cir. Oct. 17, 2011).unpublished
- Singh v. Attorney Gen. of United States, 450 F. App'x 148 (3d Cir. 2011).unpublished
- Abulashvili v. Attorney Gen. of the United States, 663 F.3d 197 (3d Cir. 2011).published
- Lek Berishaj v. John Ashcroft, Attorney Gen. of the United States, 378 F.3d 314 (3d Cir. 2004).published
- Kote Jishiashvili v. Attorney Gen. of the United States, 402 F.3d 386 (3d Cir. 2005).published
- Xia Yue Chen v. Alberto R. Gonzales, Attorney Gen. of the United States, 434 F.3d 212 (3d Cir. 2005).published
- L.Y. v. Attorney Gen. of the United States, 480 F. App'x 720 (3d Cir. 2012).unpublished
- Arun Shukla v. Attorney Gen. United States, 536 F. App'x 247 (3d Cir. 2013).unpublished
- Valdiviezo-Galdamez v. Attorney Gen. of the United States, 502 F.3d 285 (3d Cir. 2007).published
- Lumaj v. Ashcroft, 115 F. App'x 595 (3d Cir. 2004).unpublished
- Kho v. Atty Gen USA, 114 F. App'x 515 (3d Cir. 2004).unpublished
- Nerhati v. Atty Gen USA, 112 F. App'x 234 (3d Cir. 2004).unpublished
- Ewuame v. Atty Gen USA, 112 F. App'x 228 (3d Cir. 2004).unpublished
- Kosim v. Atty Gen USA, 110 F. App'x 226 (3d Cir. 2004).unpublished
- Dhaliwal v. Atty Gen USA, 110 F. App'x 230 (3d Cir. 2004).unpublished
- Berishaj v. Atty Gen USA, No. 03-1338 (3d Cir. Aug. 5, 2004).published
- Berhe v. Atty Gen USA, 105 F. App'x 393 (3d Cir. 2004).unpublished
- Sidibeh v. Atty Gen USA, 104 F. App'x 831 (3d Cir. 2004).unpublished
- Hua-Jin Chen v. Ashcroft, 96 F. App'x 807 (3d Cir. 2004).unpublished
- Senoga v. Atty Gen USA, 87 F. App'x 823 (3d Cir. 2004).unpublished
- Wongso v. Atty Gen USA, 91 F. App'x 751 (3d Cir. 2004).unpublished
- Mane v. Atty Gen USA, 84 F. App'x 236 (3d Cir. 2004).unpublished
- Chen v. Atty Gen USA, No. 03-4887 (3d Cir. Dec. 29, 2005).published
- Onggalia v. Attorney Gen. of the United States, 151 F. App'x 212 (3d Cir. 2005).unpublished
- Attoh-Mensah v. Atty Gen USA, 147 F. App'x 295 (3d Cir. 2005).unpublished
- Andrushkevich v. Attorney Gen., 150 F. App'x 121 (3d Cir. 2005).unpublished
- Rui Liang Chen v. Gonzales, 148 F. App'x 115 (3d Cir. 2005).unpublished
- Xia Yue Chen v. Ashcroft, 140 F. App'x 352 (3d Cir. 2005).unpublished
- Sugianto v. Atty Gen USA, 138 F. App'x 451 (3d Cir. 2005).unpublished
- Laszczowski v. Attorney Gen. of the United States, 133 F. App'x 860 (3d Cir. 2005).unpublished
- Oktavia v. Atty Gen USA, 128 F. App'x 849 (3d Cir. 2005).unpublished
- Zheng v. Atty Gen USA, 121 F. App'x 449 (3d Cir. 2005).unpublished
- Tong Jing Chen v. Attorney Gen., 204 F. App'x 122 (3d Cir. 2006).unpublished
- Lim v. Attorney Gen. of the United States, 201 F. App'x 127 (3d Cir. 2006).unpublished
- Lin v. Atty Gen USA, No. 05-3313 (3d Cir. Sept. 25, 2006).unpublished
- Arslan v. Attorney Gen., 190 F. App'x 114 (3d Cir. 2006).unpublished
- Vasquez Ramirez v. Atty Gen USA, No. 05-2640 (3d Cir. July 11, 2006).unpublished
- Santoso v. Attorney Gen., 174 F. App'x 96 (3d Cir. 2006).unpublished
- Wiyanto v. Bureau of Citizenship & Immigr. Servs., 165 F. App'x 204 (3d Cir. 2006).unpublished
- Koe v. Atty Gen USA, 163 F. App'x 128 (3d Cir. 2006).unpublished
- Tanusaputra v. Attorney Gen., 254 F. App'x 941 (3d Cir. 2007).unpublished
- Li Lin v. Attorney Gen., 254 F. App'x 886 (3d Cir. 2007).unpublished
- Ould Bah Nagi v. Atty Gen USA, 253 F. App'x 164 (3d Cir. 2007).unpublished
- Soegianto v. Attorney Gen., 238 F. App'x 811 (3d Cir. 2007).unpublished
- Jia Xing Ren v. Attorney Gen., 240 F. App'x 452 (3d Cir. 2007).unpublished
- Strelchikov v. Attorney Gen. of United States, 242 F. App'x 789 (3d Cir. 2007).unpublished
- Chen v. Atty Gen USA, No. 06-2316 (3d Cir. June 12, 2007).unpublished
- Purnomo v. Attorney Gen. of United States, 215 F. App'x 100 (3d Cir. 2007).unpublished
- Xiao v. Atty Gen USA, No. 05-2170 (3d Cir. Jan. 25, 2007).unpublished
- Singh v. Attorney Gen., 288 F. App'x 33 (3d Cir. 2008).unpublished
- Jong v. Attorney Gen., 283 F. App'x 937 (3d Cir. 2008).unpublished
- Tsionaras v. Attorney Gen. of the United States, 278 F. App'x 134 (3d Cir. 2008).unpublished
- Tinah v. Attorney Gen., 277 F. App'x 227 (3d Cir. 2008).unpublished
- Agbortabi v. Attorney Gen., 261 F. App'x 434 (3d Cir. 2008).unpublished
- Zai Rong Chen v. Attorney Gen., 322 F. App'x 205 (3d Cir. 2009).unpublished
- Charles Akabuogu v. Attorney Gen. United States, No. 19-3955 (3d Cir. Feb. 10, 2021).unpublished
- Yoseph v. Ashcroft, 89 F. App'x 343 (3d Cir. 2004).unpublished
- Qui Ping Zheng v. Ashcroft, 93 F. App'x 370 (3d Cir. 2004).unpublished
- Hoxha v. Ashcroft, 93 F. App'x 424 (3d Cir. 2004).unpublished
- Sundari v. Ashcroft, 116 F. App'x 372 (3d Cir. 2004).unpublished
- Zhang v. Ashcroft, 121 F. App'x 492 (3d Cir. 2005).unpublished
- Atmaca v. Gonzales, 153 F. App'x 833 (3d Cir. 2005).unpublished
- Dolley v. Attorney Gen. of the United States, 440 F. App'x 121 (3d Cir. 2011).unpublished
- Paul v. Attorney Gen. of the United States, 448 F. App'x 285 (3d Cir. 2011).unpublished
- Skendaj v. Attorney Gen. of the United States, 343 F. App'x 750 (3d Cir. 2009).unpublished
- Li Qin Zhou v. Attorney Gen. of the United States, 343 F. App'x 791 (3d Cir. 2009).unpublished
- Tjhie v. Attorney Gen. of the United States, 348 F. App'x 821 (3d Cir. 2009).unpublished
- Amirov v. Attorney Gen., 355 F. App'x 587 (3d Cir. 2009).unpublished
- Grigoryan v. Attorney Gen., 355 F. App'x 605 (3d Cir. 2009).unpublished
- Chang Hao Lin-Lin v. Attorney Gen. of the United States, 360 F. App'x 392 (3d Cir. 2010).unpublished
- Yi Mei Zhu v. Attorney Gen. of the United States, 361 F. App'x 378 (3d Cir. 2010).unpublished
- Yongxin Chen v. Attorney Gen. of the United States, 248 F. App'x 265 (3d Cir. 2007).unpublished
At page 186 Determining withholding of removal under clear probability standard112 citing cases“life or freedom would be threatened in the country of removal because of the alien's race, religion, nationality, membership in a particular social group, or political opinion.”
- Bogdan Romance v. Attorney Gen. United States, No. 20-3128 (3d Cir. Apr. 15, 2024).unpublishedWe review legal determinations and constitutional claims de novo and will uphold factual findings supported by “substantial evidence.” Valdiviezo-Galdamez v. Atty’ Gen., 663 F.3d 582, 590 (3d Cir. 2011) (quoting Tarrawally v. Ashcroft, 338…
- Sandra Arieta-Lopez v. Attorney Gen. United States, No. 22-1086 (3d Cir. Nov. 9, 2022).unpublishedWe “decide the petition only on the administrative record” and “the administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(A)-(B). 4 Tarrawal…
- K.S. v. Attorney Gen. United States, No. 20-3368 (3d Cir. Jan. 5, 2022).unpublishedTarrawally v. Ashcroft, 338 F.3d 180, 186 (3d Cir. 2003); Paul, 444 F.3d at 156 .
- Ana Marilu Rodriguez Sutuc v. Attorney Gen. United States, No. 15-2425 (3d Cir. Feb. 11, 2016).unpublishedTarrawally v. Ashcroft, 338 F.3d 180, 186 (3d Cir. 2003).
- Harbhinder Singh v. Attorney Gen. United States, 607 F. App'x 223 (3d Cir. 2015).unpublishedAccordingly, the BIA did not err in denying Singh’s asylum and withholding-of-removal claims. 1 See Tarrawally v. Ashcroft, 338 F.3d 180, 186 (3d Cir.2003).
- Diallo v. Attorney Gen. of United States, 486 F. App'x 315 (3d Cir. 2012).unpublishedConsequently, because Diallo failed to provide credible testimony in support of his application for asylum and withholding of removal, he was not entitled to relief. 4 See Tarrawally v. Ashcroft, 338 F.3d 180, 186 (3d Cir.2003).
- David Osawe v. Atty Gen USA, 467 F. App'x 125 (3d Cir. 2012).unpublishedSee 8 U.S.C. § 1231 (b)(3)(A); Tarrawally v. Ashcroft, 338 F.3d 180, 186 (3d Cir.2003).
- Ribeiro v. Attorney Gen. of the United States, 460 F. App'x 174 (3d Cir. 2012).unpublishedSee 8 U.S.C. § 1231 (b)(3)(A); Tarrawally v. Ashcroft, 338 F.3d 180, 186 (3d Cir.2003).
- Ewuame v. Atty Gen USA, 112 F. App'x 228 (3d Cir. 2004).unpublished
- Wongso v. Atty Gen USA, 91 F. App'x 751 (3d Cir. 2004).unpublished
Show 90 more citing cases
- Purnomo v. Attorney Gen. of United States, 215 F. App'x 100 (3d Cir. 2007).unpublished
- Djoko Sutjipto v. Atty Gen USA, No. 10-1192 (3d Cir. July 14, 2010).unpublished
- Tambaani v. Attorney Gen. of the United States, 388 F. App'x 131 (3d Cir. 2010).unpublished
- Jimenez-Mora v. Atty Gen USA, 86 F. App'x 527 (3d Cir. 2004).unpublished
- Keng Lin v. Attorney Gen., 159 F. App'x 332 (3d Cir. 2005).unpublished
- Tjhia v. Atty Gen USA, 153 F. App'x 58 (3d Cir. 2005).unpublished
- Tode v. Atty Gen USA, No. 06-2741 (3d Cir. July 10, 2007).unpublished
- Wibowo v. Gonzales, 140 F. App'x 401 (3d Cir. 2005).unpublished
- Churilov v. Attorney Gen., 366 F. App'x 407 (3d Cir. 2010).unpublished
- Wisageni Tode v. Attorney Gen. of the United States, 237 F. App'x 770 (3d Cir. 2007).unpublished
- Yoon Pin Yap v. Attorney Gen. of the United States, 384 F. App'x 171 (3d Cir. 2010).unpublished
- Chadha v. Attorney Gen. of the United States, 386 F. App'x 319 (3d Cir. 2010).unpublished
- Julianto Lau v. Atty Gen USA, No. 09-1890 (3d Cir. July 14, 2010).unpublished
- Pierre v. Attorney Gen. of the United States, 388 F. App'x 212 (3d Cir. 2010).unpublished
- Lukvanchikov v. Attorney Gen. of the United States, 388 F. App'x 140 (3d Cir. 2010).unpublished
- Kupravishvili v. Attorney Gen. of the United States, 388 F. App'x 142 (3d Cir. 2010).unpublished
- Chung-Ping Li v. Attorney Gen. of the United States, 392 F. App'x 950 (3d Cir. 2010).unpublished
- Xiu Yun Liu v. Attorney Gen. of the United States, 400 F. App'x 643 (3d Cir. 2010).unpublished
- Miaowei Chen v. Attorney Gen. of the United States, 397 F. App'x 834 (3d Cir. 2010).unpublished
- Umit Bozkurt v. Atty Gen USA, 407 F. App'x 570 (3d Cir. 2010).unpublished
- Gangadei Ramrup v. Atty Gen USA, No. 09-1351 (3d Cir. Nov. 10, 2010).unpublished
- Jian Hua Weng v. Attorney Gen. of the United States, 403 F. App'x 758 (3d Cir. 2010).unpublished
- Gaber Farag v. Atty Gen USA, No. 09-3951 (3d Cir. Jan. 5, 2011).unpublished
- Mustafa Bal v. Atty Gen USA, No. 09-3046 (3d Cir. Jan. 6, 2011).unpublished
- Yulius Langi v. Atty Gen USA, No. 10-1443 (3d Cir. Mar. 9, 2011).unpublished
- Ousmane Doumbia v. Atty Gen USA, 422 F. App'x 134 (3d Cir. 2011).unpublished
- Guangyu Liang v. Atty Gen USA, 424 F. App'x 144 (3d Cir. 2011).unpublished
- M. E. G.-c. v. Atty Gen USA, No. 10-3067 (3d Cir. May 11, 2011).unpublished
- Bedoya v. Attorney Gen. of the United States, 429 F. App'x 93 (3d Cir. 2011).unpublished
- Valdiviezo-Galdamez v. Attorney Gen. of the United States, 663 F.3d 582 (3d Cir. 2011).published
- De Huo Wang v. Attorney Gen. of the United States, 485 F. App'x 580 (3d Cir. 2012).unpublished
- Onesio Zunguza v. Atty Gen USA, No. 10-4236 (3d Cir. Sept. 5, 2012).unpublished
- Melqui Deleon Mendez v. Attorney Gen. United States, 513 F. App'x 168 (3d Cir. 2013).unpublished
- Certuche-Duran v. Attorney Gen. of the United States, 544 F. App'x 147 (3d Cir. 2013).unpublished
- John Bellido Acuna v. Attorney Gen. United States, 619 F. App'x 83 (3d Cir. 2015).unpublished
- Besnik v. Atty Gen USA, 112 F. App'x 180 (3d Cir. 2004).unpublished
- Darchia v. Atty Gen USA, 101 F. App'x 373 (3d Cir. 2004).unpublished
- Setiawan v. Atty Gen USA, 152 F. App'x 239 (3d Cir. 2005).unpublished
- Swandani v. Attorney Gen. of United States, 196 F. App'x 142 (3d Cir. 2006).unpublished
- Solovyeva v. Atty Gen USA, 191 F. App'x 132 (3d Cir. 2006).unpublished
- Eshak v. Attorney Gen. of the United States, 187 F. App'x 251 (3d Cir. 2006).unpublished
- Dalipaj v. Atty Gen USA, 173 F. App'x 957 (3d Cir. 2006).unpublished
- Prawira v. Attorney Gen. of the United States, 173 F. App'x 165 (3d Cir. 2006).unpublished
- Budiman v. Attorney Gen. of the United States, 257 F. App'x 565 (3d Cir. 2007).unpublished
- Rocha v. Attorney Gen., 253 F. App'x 167 (3d Cir. 2007).unpublished
- Soesilo v. Attorney Gen. of the United States, 239 F. App'x 703 (3d Cir. 2007).unpublished
- Liu v. Dep't of Homeland Sec., 226 F. App'x 171 (3d Cir. 2007).unpublished
- Akum v. Attorney Gen. of the United States, 298 F. App'x 145 (3d Cir. 2008).unpublished
- Shah v. Attorney Gen. of the United States, 293 F. App'x 178 (3d Cir. 2008).unpublished
- Gustianto v. Attorney Gen., 287 F. App'x 975 (3d Cir. 2008).unpublished
- Misoka v. Attorney Gen., 283 F. App'x 927 (3d Cir. 2008).unpublished
- Soetrisno v. Attorney Gen., 283 F. App'x 18 (3d Cir. 2008).unpublished
- Liu v. Attorney Gen. of the United States, 278 F. App'x 212 (3d Cir. 2008).unpublished
- Krestianti v. Atty Gen USA, No. 06-3642 (3d Cir. Mar. 10, 2008).unpublished
- Shahzad v. Attorney Gen. of the United States, 324 F. App'x 163 (3d Cir. 2009).unpublished
- Dany Dorvilien v. Atty Gen USA, No. 08-2114 (3d Cir. Mar. 27, 2009).unpublished
- Fabian-Decampos v. Attorney Gen., 316 F. App'x 167 (3d Cir. 2009).unpublished
- Ramos-Vasquez v. Atty Gen USA, 316 F. App'x 199 (3d Cir. 2009).unpublished
- Joy v. Attorney Gen. of the United States, 314 F. App'x 518 (3d Cir. 2009).unpublished
- Sandjojo v. Attorney Gen., 309 F. App'x 582 (3d Cir. 2009).unpublished
- Manuel Melendez Hernandez v. Attorney Gen. United States, 712 F. App'x 206 (3d Cir. 2017).unpublished
- Kesnel Fort v. Attorney Gen. United States, No. 18-2995 (3d Cir. July 12, 2019).unpublished
- Lenin Silva Vega v. Attorney Gen. United States, No. 20-3374 (3d Cir. July 30, 2021).unpublished
- Tageldin v. Attorney Gen. USA, 114 F. App'x 512 (3d Cir. 2004).unpublished
- Ramrup v. Attorney Gen. of the United States, 400 F. App'x 696 (3d Cir. 2010).unpublished
- Farag v. Attorney Gen. of the United States, 405 F. App'x 696 (3d Cir. 2011).unpublished
- Bal v. Attorney Gen. of the United States, 406 F. App'x 640 (3d Cir. 2011).unpublished
- Langi v. Attorney Gen. of the United States, 417 F. App'x 194 (3d Cir. 2011).unpublished
- M.E. G.-C. v. Attorney Gen., 427 F. App'x 143 (3d Cir. 2011).unpublished
- Zunguza v. Attorney Gen. of the United States, 494 F. App'x 233 (3d Cir. 2012).unpublished
- Dorvilien v. Attorney Gen. of the United States, 317 F. App'x 197 (3d Cir. 2009).unpublished
- Lianto v. Attorney Gen. of the United States, 341 F. App'x 853 (3d Cir. 2009).unpublished
- Abedin v. Attorney Gen. of the United States, 342 F. App'x 782 (3d Cir. 2009).unpublished
- Mrkulic v. Attorney Gen. of the United States, 345 F. App'x 848 (3d Cir. 2009).unpublished
- Ming Qiang Gao v. Attorney Gen., 349 F. App'x 803 (3d Cir. 2009).unpublished
- Hua Yang v. Attorney Gen. of the United States, 356 F. App'x 575 (3d Cir. 2009).unpublished
- Jing Wang Jiang v. Attorney Gen. of the United States, 360 F. App'x 281 (3d Cir. 2010).unpublished
- Patel v. Attorney Gen. of the United States, 363 F. App'x 206 (3d Cir. 2010).unpublished
- Bowen v. Attorney Gen. of the United States, 363 F. App'x 928 (3d Cir. 2010).unpublished
- Posada-Martinez v. Attorney Gen. of United States, 370 F. App'x 332 (3d Cir. 2010).unpublished
- Zarin v. Attorney Gen. of the United States, 371 F. App'x 332 (3d Cir. 2010).unpublished
- Lau v. Attorney Gen. of the United States, 386 F. App'x 271 (3d Cir. 2010).unpublished
- Taylor v. Attorney Gen., 249 F. App'x 274 (3d Cir. 2007).unpublished
- Dhoot v. Gonzales, 251 F. App'x 126 (3d Cir. 2007).unpublished
- Krestianti v. Attorney Gen. of United States, 268 F. App'x 144 (3d Cir. 2007).unpublished
- Mawei v. Attorney Gen., 272 F. App'x 203 (3d Cir. 2008).unpublished
- Geriljanto v. Attorney Gen., 273 F. App'x 173 (3d Cir. 2008).unpublished
- Banguradja v. Attorney Gen., 277 F. App'x 129 (3d Cir. 2008).unpublished
- Jian Zheng Zhang v. Gonzales, 157 F. App'x 530 (3d Cir. 2005).unpublished
- Sutjipto v. Attorney Gen. of the United States, 386 F. App'x 310 (3d Cir. 2010).unpublished
At page 188 Reviewing country conditions for Convention relief45 citing casesnoting that while country conditions may be relevant for assessing likelihood of future torture, “these statements alone are insufficient to demonstrate that it is more likely than not that a particular civilian, in this case [the petitioner], will be tortured” (emphasis added
- Setiawan v. Dep't of Homeland Sec., 241 F. App'x 899 (3d Cir. 2007).unpublished (country conditions alone can play a decisive role in granting relief under the Convention)
- Arefin Chowdhury v. Attorney Gen. United States of Am., No. 25-1892 (3d Cir. Aug. 6, 2026).unpublishedBut Chowdhury introduced only country-conditions evidence about sexual minorities in Bangladesh, which, on its own, is “insufficient to demonstrate that it is more likely than not that a particular civilian . . . will be tortured” if he is…
- Erika Urquilla-Pereira v. Attorney Gen. United States of Am., No. 25-1403 (3d Cir. Jan. 22, 2026).unpublishedTarrawally v. Ashcroft, 338 F.3d 180, 188 (3d Cir. 2003).
- W. R. R. v. Attorney Gen. United States, No. 22-1142 (3d Cir. Apr. 4, 2023).unpublished(holding that country condition reports “alone [were] insufficient to demonstrate that it is more likely than not that a particular civilian, in this case [the petitioner], will be tortured” if returned to his home count…)
- Adebodun Idowu v. Attorney Gen. United States, No. 21-3001 (3d Cir. Dec. 1, 2022).unpublishedAlthough we have suggested that an adverse credibility determination will not always preclude relief if there exists independent evidence in support of a petitioner’s claims, see Tarrawally v. Ashcroft, 338 F.3d 180, 188 (3d Cir. 2003), th…
- Dominic Alexander v. Attorney Gen. United States, No. 21-1474 (3d Cir. Feb. 4, 2022).unpublishedBut the record does not show that the IJ disregarded that other evidence.4 She stated at the outset that “[a]ll of the evidence has been considered, regardless of whether it is specifically mentioned in this decision[.]” (A.R. at 303.) She…
- Manuel Reyes-Ortiz v. Attorney Gen. United States, No. 20-2982 (3d Cir. July 19, 2021).unpublishedTarrawally v. Ashcroft, 338 F.3d 180, 188 (3d Cir. 2003).
- Dembo Sannoh v. Attorney Gen. United States, No. 20-2086 (3d Cir. Mar. 1, 2021).unpublishedThat conclusion is not incorrect, for torture concerns “gross human rights abuses on a large scale.” See Tarrawally v. Ashcroft, 338 F.3d 180, 188 (3d Cir. 2003).
- Santos Garcia-Suchite v. Attorney Gen. United States, No. 20-2166 (3d Cir. Jan. 14, 2021).unpublishedIn addition, the country reports on which he relied, while reflecting discrimination against LGBTQ persons in Guatemala generally, are “insufficient to demonstrate that it is more likely than not that a particular civilian, in this case [G…
- Dany Paredes Esquivel v. Attorney Gen. United States, No. 19-1462 (3d Cir. Mar. 24, 2020).unpublished(noting that while country conditions may be relevant for assessing likelihood of future torture, “these statements alone are insufficient to demonstrate that it is more likely than not that a particular civilian, in thi…)
Show 31 more citing cases
- Lizeth Romero Zambrano v. Attorney Gen. United States, 704 F. App'x 74 (3d Cir. 2017).unpublishedTarrawally v. Ashcroft, 338 F.3d 180, 188 (3d Cir. 2003).
- Taranjeet Lamba v. Attorney Gen. United States, 646 F. App'x 216 (3d Cir. 2016).unpublishedUnder the CAT, an applicant has the burden of proof “to establish that it is more likely than not that he or she would be tortured if removed to the proposed country of removal.” 8 C.F.R. § 208.16 (c)(2). 5 “[A] decision-maker must review…
- Eddie Karpoleh v. Attorney Gen. United States, 619 F. App'x 109 (3d Cir. 2015).unpublishedA claim for relief under the CAT is analytically separate from claims for asylum and withholding of removal, and “a decision-maker must review claims for relief under the [CAT] and consider relevant country conditions even where adverse cr…
- Andrushkevich v. Attorney Gen., 150 F. App'x 121 (3d Cir. 2005).unpublished
- Yongxin Chen v. Attorney Gen. of the United States, 248 F. App'x 265 (3d Cir. 2007).unpublished
- Tandia v. Gonzales, 236 F. App'x 455 (10th Cir. 2007).unpublished
- Nilani Arulanantharasa v. Atty Gen USA, No. 09-1850 (3d Cir. Aug. 27, 2010).unpublished
- Rizaja Pelinkovic, Sanija Pelinkovic, & Svebor Pelinkovic v. John D. Ashcroft, Attorney Gen. of the United States, 366 F.3d 532 (7th Cir. 2004).published
- Joseph Ngure v. John D. Ashcroft, Attorney Gen. of the United States, 367 F.3d 975 (8th Cir. 2004).published
- Hassan v. Atty Gen USA, 116 F. App'x 348 (3d Cir. 2004).unpublished
- Naqvi v. Attorney Gen. of the United States, 103 F. App'x 455 (3d Cir. 2004).unpublished
- Yang v. Atty Gen USA, No. 04-4003 (3d Cir. Nov. 1, 2005).unpublished
- Zira v. Attorney Gen., 208 F. App'x 117 (3d Cir. 2006).unpublished
- Arunasasam v. Attorney Gen. of the United States, 201 F. App'x 885 (3d Cir. 2006).unpublished
- Iskander v. Attorney Gen. of the United States, 184 F. App'x 145 (3d Cir. 2006).unpublished
- Huang v. Atty Gen USA, No. 05-3521 (3d Cir. June 13, 2006).unpublished
- Leon-Oveido v. Attorney Gen., 182 F. App'x 130 (3d Cir. 2006).unpublished
- Barrie v. Attorney Gen. of the United States, 169 F. App'x 706 (3d Cir. 2006).unpublished
- Anandarajah v. Attorney Gen., 258 F. App'x 495 (3d Cir. 2007).unpublished
- Si v. Attorney Gen., 241 F. App'x 886 (3d Cir. 2007).unpublished
- Donis v. Atty Gen USA, No. 05-4271 (3d Cir. Mar. 9, 2007).unpublished
- Bhawra v. Atty Gen USA, 224 F. App'x 166 (3d Cir. 2007).unpublished
- Surinder Singh v. Attorney Gen. United States, No. 18-1016 (3d Cir. July 6, 2018).unpublished
- Luis Grijalva Martinez v. Attorney Gen. United States, 978 F.3d 860 (3d Cir. 2020).published
- Elijah Harmon v. Attorney Gen. United States, No. 19-3015 (3d Cir. Feb. 2, 2021).unpublished
- Marcel Bent v. Attorney Gen. United States, No. 19-3541 (3d Cir. Mar. 19, 2021).unpublished
- Andre Morris v. Attorney Gen. United States, No. 21-2558 (3d Cir. June 2, 2022).unpublished
- Feng Lin Yang v. Attorney Gen. of the United States, 153 F. App'x 122 (3d Cir. 2005).unpublished
- Bamaba v. Attorney Gen. of the United States, 337 F. App'x 171 (3d Cir. 2009).unpublished
- Jian Fei Huang v. Attorney Gen. of the United States, 184 F. App'x 220 (3d Cir. 2006).unpublished
- Consuelo de Maria Mejia Romero v. Attorney Gen. United States of Am., No. 25-1363 (3d Cir. Jan. 21, 2026).unpublished
At page 187 Evaluating adverse credibility determination based on record evidence47 citing casesaffirming adverse credibility finding as supported by substantial evidence even though "[s]ome of the IJ’s reasons for his adverse credibility determination were based on presumptions not grounded in the record
- Antonio Castro v. Attorney Gen. United States, No. 19-1096 (3d Cir. Dec. 13, 2019).unpublishedTarrawally v. Ashcroft, 338 F.3d 180, 187 (3d Cir. 2003). 6 Finally, the Board did not abuse its discretion in denying Castro’s motion to reopen.
- Song Jin Wu v. Attorney Gen. of the United States, 462 F. App'x 218 (3d Cir. 2012).unpublishedEven putting aside the adverse credibility determination, which is arguably fatal to this claim, see generally Tarrawally v. Ashcroft, 338 F.3d 180, 187-88 (3d Cir.2003), we discern no error in the BIA’s determination that Wu failed to mee…
- Charles Wongso v. Atty Gen USA, No. 11-2716 (3d Cir. Jan. 30, 2012).unpublished(explaining that to prevail on CAT claim, the applicant must establish “that it is more likely than not that he or she would be tortured if removed to the proposed country of removal” (internal quotation marks omitted))
- Grigoryan v. Attorney Gen., 355 F. App'x 605 (3d Cir. 2009).unpublished
- Yi Mei Zhu v. Attorney Gen. of the United States, 361 F. App'x 378 (3d Cir. 2010).unpublished
- Xiao Ji Chen v. United States Dep't of Just., Attorney Gen. Alberto R. Gonzales, 434 F.3d 144 (2d Cir. 2006).published
- Xiao Ji Chen v. United States Dep't of Just., Attorney Gen. Alberto R. Gonzales, 471 F.3d 315 (2d Cir. 2006).published
- Singh v. Attorney Gen. of the United States, 346 F. App'x 850 (3d Cir. 2009).unpublished
- Hamza Delki v. Atty Gen USA, No. 09-2411 (3d Cir. May 18, 2010).unpublished
- Yuksel v. Attorney Gen. of United States, 381 F. App'x 175 (3d Cir. 2010).unpublished
Show 28 more citing cases
- Cubides Gomez v. Attorney Gen. of the United States, 390 F. App'x 184 (3d Cir. 2010).unpublished
- Ramil Khanaliyev v. Atty Gen USA, No. 09-4294 (3d Cir. Sept. 10, 2010).unpublished
- Li Jiao Chen v. Attorney Gen. of the United States, 401 F. App'x 680 (3d Cir. 2010).unpublished
- Cristian Lopez Perez v. Atty Gen USA, 422 F. App'x 158 (3d Cir. 2011).unpublished
At page 182 Reviewing jurisdiction over untimely asylum petitions4 citing casesrejecting a Sierra Leone petitioner’s CAT claim even though the government committed widespread human rights abuses, including arbitrary killing of civilians, because those findings “alone are insufficient to demonstrate that it is more likely than not that a particular civilian . . . will be tortu…
- Sobura Lasu v. William P. Barr, 970 F.3d 960 (8th Cir. 2020).published(rejecting a Sierra Leone petitioner’s CAT claim even though the government committed widespread human rights abuses, including arbitrary killing of civilians, because those findings “alone are insufficient to demonstrat…)
- Sylla v. Atty Gen USA, 106 F. App'x 94 (3d Cir. 2004).unpublished
- Wati v. Atty Gen USA, 140 F. App'x 356 (3d Cir. 2005).unpublished
- Peregina v. Attorney Gen., 286 F. App'x 778 (3d Cir. 2008).unpublished
At page 189 Nor can Tarawally prevail on his argument that the current government -will detain and torture him because it will believe him to be a supporter of the rebels…1 citing case
- Boris Sokhiev v. Attorney Gen. United States, No. 17-3489 (3d Cir. June 20, 2018).unpublishedIt then appropriately determined that he “has not shown that it is more likely than not that the government will suspect him of being a political opponent, terrorist, or the family 6 member of a political opponent or terrorist ([AR69].” (A…
v.
John ASHCROFT, Attorney General of the United States, Respondent
OPINION OF THE COURT
SMITH, Circuit Judge.I. INTRODUCTION
Petitioner Sulaiman Tarawally [1] appeals the denial of his application for asylum and[*182] for withholding of removal under the Immigration and Nationality Act, and his request for relief under the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment (“Convention Against Torture” or “Convention”). We now add our voice to the chorus of other circuits which have held that a court of appeals lacks jurisdiction to review an asylum petition that an Immigration Judge (“IJ”) or Board of Immigration Appeals (“BIA”) deems untimely. In reaching the merits of the petitioner’s requests for withholding of removal and relief under the Convention Against Torture, we conclude that the Immigration Judge’s finding that Tarawally was not likely to be persecuted or tortured was supported by substantial evidence.
II. FACTS
Sulaiman Tarawally is a citizen of Sierra Leone who entered the United States in January 1998 as a visitor for pleasure with authorization to remain until February 10, 1998. Tarawally filed an application for Temporary Protected Status, which was eventually denied. Sometime after October 12, 1999, he filed an application for asylum, withholding of removal and relief under the Convention Against Torture.
During the asylum hearing that followed, Tarawally testified to his personal history in Sierra Leone. Tarawally’s father was chairman of the All People’s Congress (“APC”) for the Kono district of Sierra Leone. The APC was the ruling party until a 1992 coup, during which the National Provisional Ruling Council, also known as the Armed Forces Revolutionary Council (“AFRC”), took power. In early 1992, the AFRC arrested Tarawally’s father for his political activities and detained him for about a month. At that time, Tarawally was living in the town of Bama-konta, some nine to twelve miles away from his family. Sometime after his father’s detention, in March of 1992, Tara-wally was visiting his family’s home and awoke one night to the sound of gunfire. When he discovered that the rest of his family was missing, he immediately left Kono. He spent three days walking to the town of Bo, Sierra Leone, where he lived and attended secondary school from 1992 to 1993. [2]
In 1993, the school was closed due to civil unrest, so Tarawally traveled first to Guinea for three months, then to Gambia for a year, returning to Sierra Leone in 1994. Although Tarawally’s application for admission to Injala University in Bo was accepted, he did not attend because of financial constraints.
Tarawally regularly traveled back and forth between Sierra Leone and Gambia from 1994 until 1996. Sometime in 1996 or 1997, Tarawally was sleeping in a school in Gambia when other Sierra Leone citizens, also in Gambia, threw a Molotov cocktail into the building. When Tarawally attended a soccer game in Gambia, he was physically attacked by the same individuals who had thrown the Molotov cocktail. [3]
Between 1993 and 1997, Tarawally advocated in support of the APC and assisted new members to register to vote. He also was active in the Student Mobilization For[*183] Democracy (“SMFD”), and the Youth Defense Army vigilante group in Sierra Leone. All of these groups opposed the Revolutionary United Front (“RUF”) and AFRC.
In 1996, Tarawally discovered that his family was living in the town of Makeni in Sierra Leone and visited them for a week. He then went to Freetown, Sierra Leone, where he lived for a year. Around this time, he became uneasy about his participation in the SMFD and therefore decreased his involvement in its activities.
Although the Sierra Leone People’s Party had been elected to power in 1996, a coup d’etat occurred in May of 1997, and the RUF, with support from the AFRC, overthrew the government. [4] After the coup, the AFRC and the SMFD met in Freetown, and the AFRC threatened Ta-rawally and other SMFD members with amputation of their limbs if they did not cooperate and support the AFRC regime. Three days later, Tarawally was arrested [5] in Freetown and then taken to the Padem-ba detention facility where he was held for several weeks and beaten. Around the same time, on June 18, 1997, Tarawally’s father and sister were killed for their political activities and their opposition to the RUF. [6] Tarawally was able to escape from prison with the assistance of a former school friend who was working there. Ta-rawally fled through the jungle to Guinea, a journey of approximately 75 miles, which he said he made in two days. He then went from Guinea to Gambia. He subsequently fled to the United States.
III. PROCEDURAL POSTURE
Following a removal hearing, the IJ issued an opinion in which he determined that because Tarawally did not file his asylum application within one year of his entry into the United States, his request for asylum should not be considered. The IJ then denied Tarawally’s application for withholding of removal and relief under the Convention Against Torture, finding that Tarawally was not credible because of: 1) his initial uncertainty as to how long his father was detained following arrest; 2) his lack of knowledge regarding how his father was treated in prison; 3) his initial uncertainty as to what night he heard gunfire and fled Kono; 4) the implausibility that he would walk 97 kilometers from Kono to Bo and “instead of trying to locate his missing family, decide[ ] to enroll in a school in that city;” 5) the inconsistency between his 1998 affidavit, in which he stated that he started a new chapter of the SMFD in Bo in 1997 and that he was chairman of the chapter at the school, and his later testimony that he stopped actively participating in the SMFD organization in 1996, and that he never attended the University; 6) the conflicting dates he provided of his arrest, both early 1997 and June of 1997; 7) contradictions between petitioner’s affidavit and his testimony as to the dates he attended high school; 8) contradictions as to whether he attended the University and whether he applied in 1993 or in 1997 after his father’s death; 9) contradictions between his affidavit and his[*184] testimony as to whether threats of amputation occurred at the meeting between the AFRC and SMFD or three days later; 10) his failure to testify, consistent with his affidavit, that he was cut with razor blades and beaten senseless when arrested; 11) the inconsistency between his statement that he left prison in June 1997 and his affidavit that he arrived in Guinea in September, and that the trip took him only two days; 12) the implausibility that, between 1993 and 1997, he would have traveled back and forth between Sierra Leone and Gambia (a three to four day trip each way) with regularity to participate in student groups; and 13) contradictions as to whether he ever returned to Bo after 1993.
The BIA affirmed without opinion pursuant to 8 C.F.R. § 3.1(a)(7). [7]
IV.JURISDICTION
The IJ had subject matter jurisdiction under Sections 208(a) and 241(b)(3) of the Immigration and Nationality Act (“INA”), 8 U.S.C. §§ 1158, 1231(b). The BIA exercised jurisdiction pursuant to 8 C.F.R. §§ 3.1 and 240.15. We have jurisdiction under Section 242(a) of the INA, 8 U.S.C. § 1252(a).
V.STANDARD OF REVIEW
Although we normally review only the decisions of the BIA, where the BIA summarily affirms the IJ’s decision, we “must then review the decision of the IJ.” Gao v. Ashcroft, 299 F.3d 266, 271 (3d Cir.2002). [8]
We review de novo the issue of whether we have jurisdiction to determine what constitutes extraordinary circumstances for a late filed asylum petition. See Valansi v. Ashcroft, 278 F.3d 203, 207 (3d Cir.2002).
The IJ’s adverse credibility determination and findings of fact with respect to his withholding and Convention claims must be reviewed under the substantial evidence standard. We will not disturb the IJ’s credibility determination and findings of fact if they are “supported by reasonable, substantial and probative evidence on the record considered as a whole.” Balasubramanrim v. INS, 143 F.3d 157, 161 (3d Cir.1998) (internal quotation marks and citation omitted). Although we generally defer to the IJ’s inferences, “deference is not due where findings and conclusions are based on inferences or presumptions that are not reasonably grounded in the record, viewed as a whole.” Id. at 162 (internal quotation marks and citation omitted).
VI.LEGAL ANALYSIS
A Eligibility for Asylum
An alien must prove by clear and convincing evidence that he filed his asylum application within one year of arrival in the United States. 8 U.S.C. § 1158(a)(2)(B). However, if the alien can establish that there are “extraordinary circumstances relating to the delay in filing the application,” failure to file the application within the one year period may be excused. 8 U.S.C. § 1158(a)(2)(D).
The relevant regulation lists as one possible extraordinary circumstance that “the applicant maintained Temporary Protected[*185] Status ... until a reasonable period before the filing of the asylum application.” 8 C.F.R. § 208.4(a)(5)(iv). Tarawally argues that although he submitted his application for asylum more than a year after his arrival and although he was never granted Temporary Protected Status, the application for such status was itself an extraordinary circumstance.
The Government argues that we lack jurisdiction to review this question. In most cases, this court has jurisdiction to review a final order of removal resulting from the denial of an asylum request. See 8 U.S.C. § 1252(a)(1). However, INA Section 208(a)(3), 8 U.S.C. § 1158(a)(3), provides that “no court shall have jurisdiction to review any determination by the Attorney General under paragraph [(a)](2),” which includes the provision relating to whether extraordinary circumstances warrant waiving the one year time limitation for asylum applications. While there must be “clear and convincing evidence” to support a finding that Congress intended to preclude judicial review of an administrative action, specific language in a statute that indicates an intent to preclude judicial review satisfies this requirement. See Board of Governors of the Fed. Reserve Sys. v. MCorp Fin. Inc., 502 U.S. 32, 44, 112 S.Ct. 459, 116 L.Ed.2d 358 (1991); Block v. Community Nutrition Inst., 467 U.S. 340, 349, 104 S.Ct. 2450, 81 L.Ed.2d 270 (1984); see also INS v. St. Cyr, 533 U.S. 289, 298, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001).
In Ismailov v. Reno, 263 F.3d 851, 855 (8th Cir.2001), the Eighth Circuit addressed whether it had jurisdiction to review the BIA’s determination that the petitioner failed to demonstrate extraordinary circumstances with respect to his failure to file his asylum petition within one year of his arrival in the. United States. That court held that it had no jurisdiction to review the BIA’s decision, “because § 1158(a)(3) clearly indicates congressional intent to preclude judicial review of decisions made pursuant to § 1158(a)(2).” Id.
The Ninth Circuit followed the Eighth Circuit’s lead in Hakeem v. INS, 273 F.3d 812, 815 (9th Cir.2001). In Hakeem, the IJ denied the petitioner’s request for asylum based on the untimeliness of his application, and the BIA dismissed the appeal, adopting the IJ’s reasoning. The Ninth Circuit held that based on the language in § 1158(a)(3) it lacked jurisdiction to review the denial of asylum, as it was premised on the IJ’s finding that the petitioner failed to file his asylum application within one year after his entry into the United States.
The Tenth and Eleventh Circuits subsequently addressed the same issue and held that they lacked jurisdiction to review denials of asylum petitions that an IJ or the BIA deemed untimely, based on the plain meaning of § 1158(a)(3). Tsevegmid v. Ashcroft, 318 F.3d 1226, 1230 (10th Cir. 2003); Fahim v. INS, 278 F.3d 1216, 1217 (11th Cir.2002). The Eleventh Circuit noted that “[t]he language of section 1158(a)(3) is so clear that several courts have, in dicta, used the section as an example of a clear congressional limit on courts’ jurisdiction.” Fahim, 278 F.3d at 1218.
We agree that the language of 8 U.S.C. § 1158(a)(3) clearly deprives us of jurisdiction to review an IJ’s determination that an asylum petition was not filed within the one year limitations period, and that such period was not tolled by extraordinary circumstances. We therefore join the Eighth, Ninth, Tenth and Eleventh Circuits in holding that we are precluded from reviewing such determinations made pursuant to 8 U.S.C. § 1158(a)(2). See Tsevegmid, 318 F.3d at 1230; Fahim, 278 F.3d at 1217; Hakeem, 273 F.3d at 815; Ismailov, 263 F.3d at 855. While we lack jurisdiction to review the IJ’s denial of[*186] Tarawally’s asylum petition, based on the IJ’s finding of untimeliness, Tarawally’s applications for withholding of removal and relief under the Convention Against Torture are ripe for disposition.
B. Withholding of Removal
The standard for withholding of removal under INA § 241(b)(3)(A), 8 U.S.C. § 1231(b)(3)(A), is: “the Attorney General may not remove an alien to a country if the Attorney General decides that the alien’s life or freedom would be threatened in that country because of the alien’s race, religion, nationality, membership in a particular social group or political opinion.” The alien must establish by a “clear probability” that his life or freedom would be threatened in the proposed country of deportation. INS v. Stevic, 467 U.S. 407, 104 S.Ct. 2489, 81 L.Ed.2d 321 (1984); Janusiak v. INS, 947 F.2d 46, 47 (3d Cir.1991). A clear probability means “more likely than not.” Stevic, 467 U.S. at 429-30, 104 S.Ct. 2489.
Since Tarawally did not introduce any evidence other than his testimony to show that he belonged to groups opposing the AFRC/RUF and was persecuted on account of his political opinion, the IJ’s adverse credibility determination precludes Tarawally from prevailing on his INA withholding of removal claim. We therefore must determine whether the IJ’s adverse credibility determination was supported by substantial evidence.
Tarawally argues that the reasons offered by the IJ for his adverse credibility determination were either based on inferences or presumptions not grounded in the record as a whole, or on minor inconsistencies in dates that were easily explainable. First, Tarawally explains that his confusion as to dates was reasonably based, in part, on the fact that the events in question occurred almost nine years earlier. Second, he suggests that even though he requested that the hearing be held in English, the language barrier played a role in his misunderstanding the IJ’s questions. [9]
Tarawally points to two examples of confusion which he claims arose from the language barrier. First, Tarawally suggests that the IJ did not understand what he meant when he said the rebel forces sought his father’s “consent.” The record demonstrates, however, that the IJ was able to determine that the “consent” the rebels were seeking was that Tarawally’s father agree to withdraw from his political activities. Second, when the IJ asked if Tarawally “missed” his father, Tarawally claims he was unsure whether the IJ was asking if he was longing for his father or whether the two failed to connect at a particular time. This alleged uncertainty does not demonstrate that Tarawally had difficulty comprehending English; a person fluent in the language could just as easily be confused by the use of the word “miss.” In any case, these examples are completely unrelated to the contradictions cited by the IJ. They do not demonstrate that Tarawally was having problems understanding the IJ because of a language barrier, and in light of the fact that Tara-wally turned down the IJ’s offer to provide a translator, he cannot now blame inconsistencies in his testimony on his lack of fluency.
[*187] Some of the IJ’s reasons for his adverse credibility determination were based on presumptions not grounded in the record, such as his conclusion that it was implausible that Tarawally would not know exactly how his father was treated in prison, and that after walking 97 kilometers from Kono to Bo, “instead of trying to locate his missing family, [he] decided to enroll in a school in that city.” However, the IJ also offered other rationales which went- to the heart of the withholding of removal and Convention claims, and which could not be adequately explained by forgetfulness on the part of petitioner. For example, the IJ noted that Tarawally stated in his affidavit that he started a school chapter of the SMFD in Bo in 1997 and that he was chairman of the chapter, but testified that he was rarely participating in SMFD meetings or activities in 1997, and was living in Freetown not Bo; he contradicted himself as to whether he ever attended the University and whether he applied in 1993 immediately after high school or in 1997 after his father’s death; he stated that he left prison in June 1997 and arrived in Guinea in September, but that the trip took him only two days; and he could not decide if he had ever returned to Bo for SMFD activities after his high school closed in 1993.
Moreover, although some minor discrepancies between Tarawally’s 1998 affidavit and 2001 testimony might be understandable, Tarawally made irreconcilable contradictory assertions within the span of a few minutes.
Judge: I’m getting different answers here. He’s answering both ways. Let me, let me understand. From the time you left Bo in ’93, did you go back there, yes or no?
A: Yes
Judge: You went back to Bo?
A. [Indiscernible]
Judge: Let me go on to the next tape. You can think about your answer while I change the tape.
Q. All right. Now, you thought about the question, sir. Since you, since you left Bo in ’93 did you ever return there? ... Since you left Bo in ’93 did you ever return to Bo?
A. No.
Q. When was the last time you lived at that address [in Bo]?
A. ’93.
Q. ’93
A. Yeah
Q. All Right.
Judge: Proceed, Counsel.
Tarawally to Judge: To ’97, something like that.
Judge: ’93 to’97?
A. ’93, something like that.
These inconsistencies and contradictions are not minor in nature but are material to the claim. As such, they constitute substantial evidence supporting the IJ’s adverse credibility determination. Therefore, the IJ did not err in denying Tara-wally’s application for withholding of removal.
C. Convention Against Torture
The IJ denied the application for withholding under the Convention, in part because he found that Tarawally lacked credibility. He also stated that even if Tarawally were credible, he did not prove that he would be tortured if returned to Sierra Leone.
Under the Convention’s implementing regulations “the burden of proof is on the applicant to establish that it is more likely than not that he or she would be tortured if removed to the proposed country of removal.” 8 C.F.R. § 208.16(c)(2). The torture must be inflicted “by or at the instigation of or with the consent or acquiescence of a public[*188] official or other person acting in an official capacity.” 8 C.F.R. § 208.18(a)(1). However, the torture need not be on the basis of Tarawally’s political opinion, as is the case with asylum and withholding of removal. The evidence that the decision-maker should consider in evaluating whether the petitioner would be tortured includes “[ejvidenee of gross, flagrant or mass violations of human rights within the country of removal” and “[o]ther relevant information regarding conditions in the country of removal.” 8 C.F.R. § 208.16(c)(3). Several courts have held that “country conditions alone can play a decisive role in granting relief under the Convention.” Kamalthas v. INS, 251 F.3d 1279, 1280 (9th Cir.2001); see also Mansour v. INS, 230 F.3d 902, 908 (7th Cir. 2000). Accordingly, a decision-maker must review claims for relief under the Convention and consider relevant country conditions even where adverse credibility determinations have precluded relief under the INA. See Mansour, 230 F.3d at 908; Kamatthas, 251 F.3d at 1284.
Petitioner suggests that even if his testimony is not credible, he established his eligibility for relief under the Convention based on the documents he submitted discussing country conditions. He claims that these documents demonstrate that torture by the AFRC/RUF, the current government, and the ECOMOG, a coalition of West African peace-keeping forces stationed in Sierra Leone, is so widespread that he is likely to be tortured if returned to Sierra Leone.
While the documents do establish that citizens who do not support the AFRC/ RUF are specifically targeted for torture, such as limb amputation, petitioner has introduced no evidence other than his own testimony that he was a member of groups opposing AFRC/RUF, such as the APC and SMFD. Therefore, accepting the IJ’s adverse credibility determination, we must assume that the AFRC/RUF would treat Tarawally no differently than an ordinary citizen. Although Amnesty International recognizes that AFRC/RUF members commit “gross human rights abuses on a large scale,” [R. 333] and that many civilians are killed arbitrarily even if they do not oppose the AFRC/RUF [R. 344], these statements alone are insufficient to demonstrate that it is more likely than not that a particular civilian, in this case Tarawally, will be tortured by AFRC/RUF if returned to Sierra Leone. [10]
Similarly, Tarawally failed to establish the likelihood that he will be tortured by the current government and/or the ECO-MOG. While both have been accused of “gross violations of human rights.” [R. 323], this does not demonstrate that it is more likely than not that Tarawally will be tortured.
[*189] Nor can Tarawally prevail on his argument that the current government -will detain and torture him because it will believe him to be a supporter of the rebels based on the fact that he fled the country. Tara-wally introduces no evidence to support either the fact that the government detains individuals re-entering Sierra Leone, or the fact that it presumes such individuals to be its opponents. [11] Thus, the IJ did not err in refusing to grant relief under the Convention Against Torture.
VII. CONCLUSION
For the foregoing reasons, we will affirm the decision of the IJ.
. Petitioner’s name is frequently misspelled “Tarrawally” in the record, as it is in the above caption.
. Tarawally's testimony on this point is unclear. He seems to suggest that between 1986 and 1993 his primary residence was in Bamakonta, but that he spent most of his time in Bo where he attended high school.
. In his 1998 affidavit accompanying his asylum application, which was prepared with the assistance of his counsel, Tarawally claimed that the threats occurred in Gambia in 1994, and that he did not return to Sierra Leone until 1996.
. The RUF and AFRC subsequently merged into one party, but the party was overthrown in March of 1998 after Tarawally left Sierra Leone.
. In his affidavit, Tarawally stated that these threats about amputation were made when he was arrested, rather than at the meeting. During his cross-examination, he sought to explain the discrepancy by saying that the same threats were made on both occasions.
.In his affidavit, Tarawally stated that after his father and sister were killed he returned to Bo to attend the University, and it was at that time that the meeting between the SMFD and ARFC took place.
. The BIA issued its ruling on June 13, 2002. In 2003, the regulations were renumbered and the streamlining regulation by which a single Board member is permitted to affirm without opinion is now set forth at 8 C.F.R. § 1003.1(a)(7).
. Petitioner did not challenge our authority to review the IJ’s decision when the BIA issues a summary affirmance under the streamlining regulation, or the validity of the regulation.
. In his brief in support of appeal to the BIA, Tarawally also pointed out that he injured his head in a serious automobile accident on May 20, 2000, and was taking numerous prescription medications for forgetfulness and loss of memory. A letter dated June 15, 2000, from the Reading Hospital and Medical Center confirms that Tarawally was hospitalized for a month as a result of the accident, and that he "continue[d] to have significant cognitive deficits and [was] continuing therapy on an outpatient basis.” However, Tarawally did not introduce any evidence that he continued to experience cognitive deficits a year later when the hearing took place.
. Moreover, even if Tarawally could establish that he was likely to be tortured by the AFRC/RUF, his claim would still fail. The AFRC/RUF is no longer in power; therefore Tarawally cannot establish that any torture by the AFRC/RUF is at the instigation or with the acquiescence of the current government. See Lukwago v. Ashcroft, 329 F.3d 157, 183 (3d Cir.2003) (upholding denial of relief under Convention because petitioner alleged he would be tortured by the LRA rebels and since this was a guerilla group that fought the government, the government did not acquiesce in the LRA activities); Amanfi v. Ashcroft, 328 F.3d 719, 726 (3d Cir.2003) (upholding denial of relief under Convention because petitioner did not show that any public official had "awareness of this torture" by private individuals but refused to intervene and provide protection).
It might be possible to argue that the AFRC/ RUF should be viewed as a government entity since they were formerly in power, the Sierra Leone government is not particularly stable, and the AFRC/RUF might regain control at any moment. Nonetheless, in light of Tara-wally’s failure to introduce substantial evidence to show the likelihood he will be tortured by the AFRC/RUF, we need not reach this issue.
. Cf. Zubeda v. Ashcroft, 333 F.3d 463, 478-80 (3d Cir.2003) (where documentary evidence showed that government routinely tortured those it detained, if IJ took administrative notice of the likelihood that petitioner would be detained upon his return, petitioner might be entitled to withholding under the Convention despite adverse credibility determination).