Nderim Feto, Matilda Feto, Endri Feto, & Luljeta Feto v. Alberto R. Gonzales, Attorney Gen. of the United States, 433 F.3d 907 (7th Cir. 2006). · Go Syfert
Nderim Feto, Matilda Feto, Endri Feto, & Luljeta Feto v. Alberto R. Gonzales, Attorney Gen. of the United States, 433 F.3d 907 (7th Cir. 2006). Cases Citing This Book View Copy Cite
“the ij was not, however, compelled to accept explanation for the plain inconsistencies in 534 his story.”
88 citation events (88 in the last 25 years) across 2 distinct courts.
Strongest positive: Tarraf, Ahmad J. v. Keisler, Peter D. (ca7, 2007-07-30)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Tarraf, Ahmad J. v. Keisler, Peter D. (2×) also: Cited as authority (rule)
7th Cir. · 2007 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the ij was not, however, compelled to accept explanation for the plain inconsistencies in his story.
discussed Cited as authority (verbatim quote) Tarraf v. Gonzales (2×) also: Cited as authority (rule)
7th Cir. · 2007 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the ij was not, however, compelled to accept explanation for the plain inconsistencies in 534 his story.
discussed Cited as authority (rule) Kamaljit Singh v. Merrick Garland
7th Cir. · 2024 · confidence medium
Such a failure might be excused where “the BIA itself would be pow- erless to address the problem, as might be the case with some fundamental constitutional claims.” Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir. 2006); see Aparicio-Brito v. Lynch, 824 F.3d 674, 684 (7th Cir. 2016).
cited Cited as authority (rule) Aldo Jimenez-Castro v. Jefferson Sessions, III
6th Cir. · 2018 · confidence medium
See Gaye v. Lynch, 788 F.3d 519 , 527–28 (6th Cir. 2015) (citing 8 U.S.C. § 1252 (d)(1)); Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir. 2006).
discussed Cited as authority (rule) Juan Barragan-Ojeda v. Jeff Sessions
7th Cir. · 2017 · confidence medium
As to the contention that the IJ took on the role of the Gov‐ ernment attorney, Mr. Barragan‐Ojeda cites no specific exam‐ ples of inappropriate comments, interruptions, or anything Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir. 2006) (emphasis added) (cita‐ tions omitted).
cited Cited as authority (rule) Barragan-Ojeda v. Sessions
7th Cir. · 2017 · confidence medium
Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir. 2006) (emphasis added) (citations omitted).
discussed Cited as authority (rule) Barshan Islam v. Loretta Lynch
7th Cir. · 2016 · confidence medium
Islam’s explanation for leaving out all allegations of persecution in his asylum application — a fear of telling his lawyer — was undermined by his 2013 hearing testimony in which he said that he had told his lawyer “that these things happened to me.” The IJ was not required to accept these conflicting explanations. 2 See Zeqiri v. Mukasey, 529 F.3d 364, 371 (7th Cir. 2008); Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir. 2006); Balogun v. Ashcroft, 374 F.3d 492, 504-06 (7th Cir. 2004).
cited Cited as authority (rule) Sarhan v. Holder
7th Cir. · 2011 · confidence medium
Feto v. Gonzales, 433 F.3d 907, 910-11 (7th Cir.2006).
discussed Cited as authority (rule) Long-Gang Lin v. Holder
7th Cir. · 2010 · confidence medium
See Weng v. Holder, 593 F.3d 66 , 72 & n. 5 (1st Cir. 2010) (concluding that documentary evidence did not compel a finding of persecution “especially in the absence of credible testimony on [the alien’s] part”); Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir.2006) (stating that the IJ was entitled to weigh documentary evidence along with other evidence in the case).
discussed Cited as authority (rule) Long-Gang Lin v. Eric Holder, Jr.
7th Cir. · 2010 · confidence medium
See Weng v. Holder, 593 F.3d 66 , 72 & n.5 (1st Cir. 2010) (con- cluding that documentary evidence did not compel a 14 No. 10-1401 finding of persecution “especially in the absence of credible testimony on [the alien’s] part”); Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir. 2006) (stating that the IJ was entitled to weigh documentary evidence along with other evidence in the case).
cited Cited as authority (rule) Vahora v. Holder
7th Cir. · 2010 · confidence medium
See Bejko, 468 F.3d at 487-88 ; Feto v. Gonzales, 433 F.3d 907, 912-13 (7th Cir.2006).
discussed Cited as authority (rule) Sankoh v. Mukasey
7th Cir. · 2008 · confidence medium
The Board adopted and expanded upon the im *468 migration judge’s decision to deny all of Sankoh’s requests for relief, making the Board’s the decision we review for “substantial evidence.” See Feto v. Gonzales, 433 F.3d 907, 910-11 (7th Cir.2006).
discussed Cited as authority (rule) Sankoh, Saidu v. Mukasey, Michael B.
7th Cir. · 2008 · confidence medium
The Board adopted and expanded upon the immigration judge’s decision to deny all of Sankoh’s requests for relief, making the Board’s the decision we review for “substantial evidence.” See Feto v. Gonzales, 433 F.3d 907, 910-11 (7th Cir. 2006).
discussed Cited as authority (rule) Ou Yang, Zong Z. v. Mukasey, Michael B.
7th Cir. · 2008 · confidence medium
An IJ’s credibility determination must be supported by “‘specific, cogent reasons that bear a legitimate nexus to the finding.’” Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir. 2006) (quoting Jamal‐Daoud v. Gonzales, 403 F.3d 918, 922 (7th Cir. 2005)).
discussed Cited as authority (rule) Zong Xiu Ou Yang v. Mukasey
7th Cir. · 2008 · confidence medium
An IJ’s credibility determination must be supported by “ ‘specific, cogent reasons that bear a legitimate nexus to the finding.’ ” Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir.2006) (quoting Jamal-Daoud v. Gonzales, 403 F.3d 918, 922 (7th Cir.2005)).
discussed Cited as authority (rule) Hamdan, Jalal Abu v. Mukasey, Michael B.
7th Cir. · 2008 · confidence medium
See 8 U.S.C. § 1252 (b)(4)(B) (stating that immigration courts’ findings of fact are “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary”); Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir. 2006) (stating that we affirm immigration courts’ decisions so long as they are sup- ported by “reasonable, substantial, and probative evi- dence” (internal quotation marks and citation omitted)).
discussed Cited as authority (rule) Hamdan v. Mukasey
7th Cir. · 2008 · confidence medium
See 8 U.S.C. § 1252 (b)(4)(B) (stating that immigration courts’ findings of fact are “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary”); Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir.2006) (stating that we affirm immigration courts’ decisions so long as they are supported by “reasonable, substantial, and probative evidence” *992 (internal quotation marks and citation omitted)).
discussed Cited as authority (rule) Zeqiri v. Mukasey
7th Cir. · 2008 · confidence medium
Although petitioners are not required to raise constitutional claims that the Board is powerless to address, see Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir.2006), they are required to raise constitutional claims based on “procedural failings” that the Board could have remedied, see Pjetri, 468 F.3d at 481. 3 .
discussed Cited as authority (rule) Zeqiri, Gzime v. Mukasey, Michael B.
7th Cir. · 2008 · confidence medium
Although petitioners are not required to raise constitu- tional claims that the Board is powerless to address, see Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir. 2006), they are required to raise constitutional claims based on “procedural failings” that the Board could have remedied, see Pjetri, 468 F.3d at 481. 10 No. 07-1103 for withholding.
discussed Cited as authority (rule) Wilson, Samuel v. Mukasey, Michael B.
7th Cir. · 2008 · confidence medium
We review the BIA’s legal conclusions de novo, Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir. 2006), and will grant the petition only if the record “compels” the conclusion that the petitioner is entitled to the relief sought, Tarraf v. Gonzales, 495 F.3d 525, 532 (7th Cir. 2007).
discussed Cited as authority (rule) Wilson v. Mukasey
7th Cir. · 2008 · confidence medium
We review the BIA’s legal conclusions de novo, Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir.2006), and will grant the petition only if the record “compels” the conclusion that the petitioner is entitled to the relief sought, Tarraf v. Gonzales, 495 F.3d 525, 532 (7th Cir.2007).
discussed Cited as authority (rule) Flores-Aradillas v. Mukasey
7th Cir. · 2008 · confidence medium
We have observed that the only exception to the rule that petitioners must first present claims to the BIA is the case in which the BIA cannot adequately resolve the issue, for instance when the petitioner makes a “fundamental constitutional claim.” Pjetri, 468 F.3d at 481 ; Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir.2006).
discussed Cited as authority (rule) Flores-Aradillas, Mi v. Mukasey, Michael B.
7th Cir. · 2008 · confidence medium
We have observed that the only exception to the rule that petitioners must first present claims to the BIA is the case in which the BIA cannot adequately resolve the issue, for instance when the petitioner makes a “fundamental constitutional claim.” Pjetri, 468 F.3d at 481 ; Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir. 2006).
discussed Cited as authority (rule) Qu, Shu Q. v. Mukasey, Michael B.
7th Cir. · 2008 · confidence medium
See id. at 478 ; Giday v. Gonzales, 434 F.3d 543, 553 (7th Cir.2006); Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir.2006). 1 The IJ’s conclusion, however, must not be based on easily explained discrepancies.
cited Cited as authority (rule) Liu, Shijun v. Mukasey, Michael B.
7th Cir. · 2008 · confidence medium
See Bejko v. Gonzales, 468 F.3d 482, 487 (7th Cir.2006); Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir.2006).
discussed Cited as authority (rule) Zhang, Xiu J. v. Mukasey, Michael B.
7th Cir. · 2008 · confidence medium
An IJ’s credibility determination must be supported by “specific, cogent reasons that bear a legitimate nexus to the finding.” Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir.2006). 2 Immaterial discrepancies in an asylum applicant’s testimony will not support an adverse credibility finding, Giday v. Gonzales, 434 F.3d 543, 551 (7th Cir. 2006), nor will an IJ’s “own speculation, conjecture, or unsupported personal opinion,” Jiang v. Gonzales, 485 F.3d 992, 995 (7th Cir.2007).
discussed Cited as authority (rule) Bosede, Stephen A. v. Mukasey, Michael B.
7th Cir. · 2008 · confidence medium
But we do retain jurisdiction to consider constitutional claims and questions of law, see 8 U.S.C. § 1252 (a)(2)(D); Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir. 2006); Ramos v. Gonzales, 414 F.3d 800, 802 (7th Cir. 2005), including due-process claims, see Petrov, 464 F.3d at 802-03 (holding that court lacked jurisdiction to consider aggravated felon’s argument that BIA erred in finding crime particularly serious, but going on to con- sider due-process argument).
discussed Cited as authority (rule) Bosede v. Mukasey
7th Cir. · 2008 · confidence medium
But we do retain jurisdiction to consider constitutional claims and questions of law, see 8 U.S.C. § 1252 (a)(2)(D); Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir.2006); Ramos v. Gonzales, 414 F.3d 800, 802 (7th Cir.2005), including due-process claims, see Petrov, 464 F.3d at 802-03 (holding that court lacked jurisdiction to consider aggravated *951 felon’s argument that BIA erred in finding crime particularly serious, but going on to consider due-process argument).
discussed Cited as authority (rule) Li, Feng v. Mukasey, Michael B. (2×) also: Cited "see"
7th Cir. · 2007 · confidence medium
Even though we might have reached a different result, we will uphold the IJ’s adverse credibility determination as long as it is supported by substantial evidence in the record, see Giday v. Gonzales, 434 F.3d 543, 553 (7th Cir.2006), and will reverse only if Li demonstrates that the record compels it, see Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir.2006). 1 The IJ’s conclusion, however, must be supported by specific, cogent reasons that bear a legitimate nexus to the determination, see Giday, 434 F.3d at 550 .
cited Cited as authority (rule) Garcia, Fabio v. Keisler, Peter D.
7th Cir. · 2007 · confidence medium
Feto v. Gonzales, 433 F.3d 907, 910-11 (7th Cir. 2006).
cited Cited as authority (rule) Garcia v. Gonzales
7th Cir. · 2007 · confidence medium
Feto v. Gonzales, 433 F.3d 907, 910-11 (7th Cir.2006).
cited Cited as authority (rule) Lo, Ousseynou v. Gonales, Alberto
7th Cir. · 2007 · confidence medium
Pjetri v. Gonzales, 468 F.3d 478, 481 (7th Cir.2006); Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir.2006).
cited Cited as authority (rule) Leyva, Alvaro H. v. Gonzales, Alberto R.
7th Cir. · 2007 · confidence medium
We review the denial of asylum under “the substantial evidence standard.” Feto v. Gonzales, 433 F.3d 907, 910-11 (7th Cir.2006) (citation omitted).
discussed Cited as authority (rule) Sultana Alimi v. Alberto R. Gonzales
7th Cir. · 2007 · confidence medium
See, e.g., Mema v. Gonzales, 474 F.3d 412, 421 (7th Cir.2007) (rejecting a due process failure-to-inform claim for failure to demonstrate prejudice where the alien was represented and did not assert a lack of actual knowledge of the right); Bejko v. Gonzales, 468 F.3d 482, 487-88 (7th Cir.2006) (same); Feto v. Gonzales, 433 F.3d 907, 912-13 (7th Cir.2006) (concluding that the IJ’s failure to inform the alien of the rights in 8 C.F.R. § 1240.10 was harmless error under the circumstances).
cited Cited as authority (rule) Herdiansyah, Yonatha v. Gonzales, Alberto R.
7th Cir. · 2007 · confidence medium
Pjetri v. Gonzales, 468 F.3d 478, 481 (7th Cir. 2006); Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir.2006).
discussed Cited as authority (rule) Myslymi, Tomor v. Gonzales, Alberto (2×) also: Cited "see"
7th Cir. · 2007 · confidence medium
We accord an IJ’s credibility determination substantial deference, Korniejew v. Ashcroft, 371 F.3d 377, 382 (7th Cir.2004), and will overturn it only under “extraordinary circumstances.” Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir.2006).
discussed Cited as authority (rule) Vali and Dhurata Boci v. Alberto R. Gonzales
7th Cir. · 2007 · confidence medium
Asylum is available to persons who have suffered past persecution or have a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C. § 1101 (a)(42)(A); Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir.2006).
discussed Cited as authority (rule) Boci, Dhurata v. Gonzales, Alberto R.
7th Cir. · 2007 · confidence medium
Asylum is avail- able to persons who have suffered past persecution or have a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C. § 1101 (a)(42)(A); Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir. 2006).
discussed Cited as authority (rule) Mema, Ferdinant v. Gonzales, Alberto
7th Cir. · 2007 · confidence medium
Bejko v. Gonzlaes, 468 F.3d 482, 487-88 (7th Cir. 2006) (citing Ramos v. Gonzales, 414 F.3d 800, 804 (7th Cir. 2005), cert. denied 126 S. Ct. 1331 (2006); Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir. 2006)).
discussed Cited as authority (rule) Ferdinant Mema v. Alberto R. Gonzales
7th Cir. · 2007 · confidence medium
Bejko v. Gonzales, 468 F.3d 482, 487-88 (7th Cir.2006) (citing Ramos v. Gonzales, 414 F.3d 800, 804 (7th Cir.2005), cert. denied — U.S. -, 126 S.Ct. 1331 , 164 L.Ed.2d 48 (2006); Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir.2006)).
cited Cited as authority (rule) Orozco, Omar A. v. Gonales, Alberto
7th Cir. · 2006 · confidence medium
Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir.2006).
examined Cited as authority (rule) Pjetri, Ferdinand v. Gonzales, Albert R. (3×) also: Cited "see, e.g."
7th Cir. · 2006 · confidence medium
That is a curious argument, in light of Pjetri’s argument to the BIA that the IJ erred in denying voluntary departure, thus indicating that Pjetri in fact sought that relief before the IJ (and presumably establishing a lack of prejudice, see Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir. 2006)).
cited Cited as authority (rule) Bejko, Rexhep v. Gonzales, Alberto R.
7th Cir. · 2006 · confidence medium
Ramos v. Gonzales, 414 F.3d 800, 804 (7th Cir. 2005); Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir. 2006).
cited Cited as authority (rule) Rexhep Bejko v. Alberto R. Gonzales
7th Cir. · 2006 · confidence medium
Ramos v. Gonzales, 414 F.3d 800, 804 (7th Cir.2005); Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir.2006).
examined Cited as authority (rule) Ferdinand Pjetri v. Alberto R. Gonzales (3×) also: Cited "see, e.g."
7th Cir. · 2006 · confidence medium
That is a curious argument, in light of Pjetri’s argument to the BIA that the IJ erred in denying voluntary departure, thus indicating that Pjetri in fact sought that relief before the IJ (and presumably establishing a lack of prejudice, see Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir.2006)).
discussed Cited as authority (rule) Ahmed, Nuradin v. Gonzales, Alberto (2×)
7th Cir. · 2006 · confidence medium
The BIA summarily affirmed the ruling, which makes the IJ’s ruling the final agency decision. 8 C.F.R. § 1003.1 (e)(4)(ii); Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir.2006).
cited Cited as authority (rule) Chakir, Rachid v. Gonzales, Alberto
7th Cir. · 2006 · confidence medium
Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir.2006).
cited Cited as authority (rule) Yiang, Hung Chang v. Gonzales, Alberto R.
7th Cir. · 2006 · confidence medium
Giday v. Gonzales, 434 F.3d 543, 547 (7th Cir.2006); Feto v. Gonzales, 433 F.3d 907, 911 (7th Cir.2006).
discussed Cited as authority (rule) Parthayasa, Komang v. Gonzales, Alberto R. (2×) also: Cited "see"
7th Cir. · 2006 · confidence medium
Feto v. Gonzales, 433 F.3d 907, 912 (7th Cir.2006); Capric, 355 F.3d at 1087 .
cited Cited as authority (rule) Singh, Balwinder v. Gonzales, Alberto
7th Cir. · 2006 · confidence medium
Margos v. Gonzales, 443 F.3d 593, 597 (7th Cir.2006); Feto v. Gonzales, 433 F.3d 907, 910-11 (7th Cir.2006).
Retrieving the full opinion text from the archive…
Nderim FETO, Matilda Feto, Endri Feto, and Luljeta Feto, Petitioners,
v.
Alberto R. GONZALES, Attorney General of the United States, Respondent
03-4337.
Court of Appeals for the Seventh Circuit.
Jan 4, 2006.
433 F.3d 907
Isuf Kola (argued), Kola & Miceli, Bloomingdale, IL, for Petitioners., Karen Lundgren, Department of Homeland Security, Office of the Chief Counsel, Chicago,' IL, William C. Minick (argued), Department of Justice Civil Division; Immigration Litigation, Washington, DC, for Respondent.
Kanne, Rovner, Wood.
Cited by 64 opinions  |  Published
WOOD, Circuit Judge.

Nderim, Matilda, Endri, and Luljeta Feto, citizens of Albania, arrived in Detroit, Michigan, via Mexico sometime around December 17, 2000, where, as the immigration euphemism goes, they entered the United States “without inspection.” About a year later, Nderim Feto filed a request for asylum on behalf of himself and his family, claiming that he[*909] was persecuted because he is a kulak (a prosperous farmer) and because of his participation with the Albanian Democratic Party, an opposition political party. His petition was denied and he received a Notice to Appear on December 26, 2001, charging him with removability. At the removal hearing held on January 16, 2002, Feto conceded removability and requested asylum or alternatively relief under the Convention Against Torture (CAT). The Immigration Judge (IJ) denied Feto’s application because he found that Feto had not suffered past persecution. The IJ also made an adverse credibility finding based on conflicts between Feto’s testimony at his asylum hearing and his prior written statement. The Board of Immigration Appeals (BIA) affirmed the IJ’s decision.

In this petition for review, Feto challenges the denial of asylum and raises a due process claim in connection with the IJ’s failure to advise him about his eligibility for voluntary departure and certain other rights. We conclude that the IJ’s rulings were supported by substantial evidence and therefore deny the petition for review.

I

On August 28, 2002, at his asylum hearing, Feto testified that he was persecuted by the Albanian communist regime, which was in power from 1945 to 1990. The communists targeted Feto’s family because they were prosperous, landowning farmers. The government confiscated his family’s land and forced them to work as farmers on government tracts. At one point, the government forcibly relocated him and his mother to a remote village, in order to punish them after his uncle fled Albania. It prohibited Feto from joining youth organizations, knowing that this would stigmatize him. During his service in the Albanian army from 1979 to 1981, Feto was assigned to a low-level labor unit and was not entitled to have a gun issued to him.

After the collapse of the communist government in 1990, Feto joined the Democratic Party in the belief or hope that the party would return his family’s land to them. He participated in several political protests in the late 1990s and early 2000s, some of which were related to the return of land. Feto provided detailed descriptions of several protests and his arrests in a lengthy written statement that he included with his asylum application; he also testified about them at his hearing. Notably, Feto stated that in 1998 he was arrested and held by the police from January 31 to March 15. In June of 2000, he said that he was one of about 30 individuals who were taken by the police from a Democratic Party rally and beaten in a van. The IJ denied Feto’s application for two reasons: first, that the credible events did not amount to past persecution, and second, that his testimony “was generally vague, directly inconsistent with his written application, and ... appears to have been either fabricated or exaggerated.”

The IJ found that Feto’s hardship under the communist regime, including his alleged one-month period of detention in 1978, did not amount to past persecution. As the IJ explained, “While it may be true that the respondent’s family was forced to perform farming and their land was taken away, I do not find that this treatment rises to the level of persecution in the past.” In addition, the IJ found that Feto’s testimony was inconsistent with the State Department’s Country Profile dated May 2001, which explains that “[w]ith the Socialist Party currently leading a coalition government, it is highly unlikely in today’s circumstances that many applicants will have credible claims to political persecution.”

[*910] With respect to credibility, the IJ made several specific findings. For example, he noted that Feto was unable to recall specific incidents mentioned in his written statement and that his testimony conflicted significantly with the earlier written submission. One discrepancy- — perhaps minor standing alone — concerned the purpose of the rally that led to Feto’s one-month detention in March 1998. In his written statement, Feto stated that the demonstration was intended to protest the detention of opposition political party members. At his hearing, Feto shifted ground and claimed that the protest was over human rights and the return of seized land.

Most damaging to Feto’s credibility, from the IJ’s standpoint, were several discrepancies between Feto’s written statement and his hearing testimony describing various detentions. Feto presented two versions of an incident that occurred on June 13, 2000, when he and a small group of organizers for the Democratic Alternative organized a rally that was broken up by the Albanian National Intelligence Service (SHIK). In version one, recounted in the written statement, Feto claimed that he was arrested and taken to a police station in Tirana, where he was beaten on his head by one agent while another held his hand behind his back. He claimed that he was told by the police that he would not live to see the election if he continued to campaign against the Socialist Party. He was released the following day. Version two came out at the hearing after Feto was asked if he had participated in activities with the Democratic Party or the Democratic Alternative for the 2000 elections. It was not until the questioner prompted him with his written statement that he said anything about the June 13 incident. At that point, he testified that he was put in a van with a few other demonstrators and beaten for 30 minutes and then let go. The IJ could not believe that Feto would fail to recall an ordeal as serious as the one laid out in version one and on this basis discounted Feto’s overall credibility.

In another example, the IJ referred to Feto’s claim in his written application that on July 25, 2000, Feto and some friends organized volunteers to deliver flyers to raise campaign contributions. Feto claimed that after the rally “[m]y friend and I were the last to leave ... as we started to walk away A[sic] voice called out: T told you that you would not live to see the election’ when several gun shots were fired. Although neither my friend or I were hit we both fell to the ground.” When asked about this incident at the hearing, Feto could not recall any incidents that occurred, after June 2000. Asked specifically whether he recalled the shooting incident mentioned in his written statement, Feto responded: “These things actually, this happened pretty often, not only this time.” When the question was repeated, he responded simply that he did not recall this specific incident.

These were the discrepancies that prompted the IJ to conclude that “there [were] meaningful evidentiary gaps in the respondent’s testimony, in his written application and the claim in its entirety that impeach the overall veracity of the story.” The BIA affirmed the IJ’s decision, issuing a. one-paragraph order finding that Feto had failed to meet his burden of establishing “past persecution or a well-founded fear of persecution on account of one of the statutorily protected grounds, or that it is more likely than not that he will be persecuted or subjected to torture upon his return to Albania.” Feto then filed a petition for review.

II

We review Feto’s claims for asylum, withholding of removal, and relief under the Convention Against Torture using[*911] the substantial evidence standard. Ahmed, v. Ashcroft, 348 F.3d 611, 615 (7th Cir. 2003). “Applying that standard, we assess whether the BIA’s determination was ‘supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ ” Id. (quoting INS v. Elias-0Zacarias, 502 U.S. 478, 481, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992)). We will overturn the BIA’s decision only “if the record compels a contrary result.” Brucaj v. Ashcroft, 381 F.3d 602, 606 (7th Cir.2004) (citing Georgis v. Ashcroft, 328 F.3d 962, 967-68 (7th Cir.2003)). We review the BIA’s legal conclusions de novo. Ahmed, 348 F.3d at 615. Where, as here, the BIA basically adopts the IJ’s decision or expresses agreement with it in conclusory terms, we review the IJ’s decision directly under the same standards. See Mousa v. INS, 223 F.3d 425, 428 (7th Cir.2000).

Feto can meet his burden only if he demonstrates past persecution or a well-founded fear of future persecution on account of his race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C. § 1101(a)(42)(A); Tolosa v. Ashcroft, 384 F.3d 906, 908 (7th Cir.2004). Here, Feto seeks to rely on his membership in the social group of wealthy landowners known as kulaks, as well as on his political opinions in opposition both to the former communist government and later governments. He argues that the harms that befell him in Albania easily qualified as past persecution, and he tries to excuse the discrepancies in his account with psychological evidence indicating that his failures of recollection were attributable to post-traumatic stress disorder.

In support of the latter point, Feto offered the affidavit of Jordan J. Miller, a fourth-year graduate student of psychology who was working as an extern with the Marjorie Kovler Center for the Treatment of Survivors of Torture and who had treated him. Miller’s affidavit included the following opinion about Feto’s condition:

Mr. Feto also manifests anxiety symptoms, including feeling worried, irritability, restlessness, difficulty relaxing, and a decreased ability to concentrate, secondary to intrusive thoughts and memories of the traumatic events. He also stated that he is having difficulty sleeping with early awakenings from nightmares, feelings of terror, and an inability to return to sleep. This constellation of symptoms are consistent with the diagnosis of PTSD, chronic type.

Feto argues that the IJ must not have considered Miller’s affidavit, because he did not discuss it in his opinion. Feto also criticizes the IJ for ignoring other documentary evidence such as a newspaper article that featured certain events of his persecution.

The IJ was not, however, compelled to accept Feto’s explanation for the plain inconsistencies in his story. Instead, he was entitled to weigh Miller’s opinion along with the other evidence in the case, including his direct observations of Feto at the hearing. Although this court does not function as a rubber-stamp for IJ findings, it remains true that our review is deferential. “The IJ’s credibility determinations, as adopted by the BIA, are questions of fact and should only be overturned under extraordinary circumstances, although they must be supported by specific, cogent reasons that bear a legitimate nexus to the finding.” Jamal-Daoud v. Gonzales, 403 F.3d 918, 922 (7th Cir.2005) (citing Balogun v. Ashcroft, 374 F.3d 492, 498 (7th Cir.2004)). The rule that the testimony of a credible applicant may be enough to meet the burden of proof without further corroboration, see Uwase v. Ashcroft, 349 F.3d 1039, 1041 (7th Cir.2003), does not help Feto here, because the IJ found Feto[*912] not to be credible and supported that finding with particulars from the record.

Bearing in mind the rule that “[a] reviewing court must uphold an administrative determination in an immigration case unless the evidence compels a conclusion to the contrary,” Kenyeres v. Ashcroft, 538 U.S. 1301, 1306, 123 S.Ct. 1386, 155 L.Ed.2d 301 (2003) (citing Elias-Zacarias, 502 U.S. at 481 n. 1, 483-84, 112 S.Ct. 812), we conclude that the IJ’s credibility determination is entitled to deference. The remaining evidence of the indignities Feto and his family suffered during the communist era is not so strong as to compel a finding of past persecution. The IJ was therefore entitled to conclude that Feto (and thus derivatively the other members of his family) did not meet the statutory requirement for refugee status.

Feto also raises a due process claim, based on the fact that the IJ did not advise him of various rights spelled out in 8 C.F.R. § 1240.10(a), such as the right to representation, present evidence, and cross-examine the government’s witnesses. He also claims that the IJ violated his right to due process by failing to advise him of his right to voluntary departure, 8 C.F.R. § 1240.11(a)(2); At the time we heard this case, the government argued that we lacked jurisdiction to consider this point. The amendments to the immigration laws made by the REAL ID Act of 2005, Pub.L. No. 109-13, 119 Stat. 231 (2005), however, have eliminated all doubt about our jurisdiction to consider constitutional and legal claims. See Hamdan v. Gonzales, 425 F.3d 1051, 1057 (7th Cir. 2005); Ramos v. Gonzales, 414 F.3d 800, 801-02 (7th Cir.2005). We turn, therefore, to the merits of this part of Feto’s petition.

Aliens are entitled to due process during immigration proceedings. Hasanaj v. Ashcroft, 385 F.3d 780, 783 (7th Cir.2004). We review de novo claims of due process violations in removal proceedings. Id. Before we can reach most issues, however, the alien is required to raise them before the BIA. Capric v. Ashcroft, 355 F.3d 1075, 1087 (7th Cir.2004). The only exception is where the BIA itself would be powerless to address the problem, as might be the case with some fundamental constitutional claims. As we have noted before, however, many due process arguments are based on procedural failings that the BIA is capable of addressing. Id. In those instances, the alien must exhaust his or her remedies at the BIA before bringing the claim before this court. Moreover, even if this court can reach an unexhausted claim, the petitioner must prove prejudice in order to prevail. Roman v. INS, 233 F.3d 1027, 1033 (7th Cir .2000).

In this case, Feto was represented by an attorney in his removal proceeding. Compare Jacinto v. INS, 208 F.3d 725, 734 (9th Cir.2000) (finding a due process violation during pro se petitioner’s removal hearing because the IJ did not explain to the petitioner her right to testify and present evidence). Feto filed a brief in connection with his appeal to the BIA, yet his brief contains no mention of any procedural flaws in the IJ’s handling of the case, much less any of constitutional dimension. The BIA has the power to direct IJs to follow the procedures outlined in the agency’s regulations. We conclude, therefore, that Feto had an obligation to exhaust this argument and that his failure to do so prevents us from reaching it.

We add, alternatively, that even if these arguments were not subject to the exhaustion rule, they have no merit. The failure of the IJ to spell out the protections found in 8 C.F.R. § 1240.10 was, if error at all, harmless in Feto’s case. He was represented by counsel, the IJ conducted a hearing and heard testimony, and evidence was admitted to support Feto’s application.[*913] With respect to voluntary departure, the IJ actually did mention it, but only in the course of explaining to Feto that he was not qualified for this option because he did not have valid travel documents and he had not shown that he was willing to depart.

For all these reasons, we Deny the petition for review.