DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

041840P.pdf   08/15/2005  Titalayo Falaja  v.  John Ashcroft
   U.S. Court of Appeals Case No:  04-1840
   Agency   
[PUBLISHED] [Bowman, Author, with M. Arnold and Gruender, Circuit Judges] Petition for Review - Immigration. Immigration Judge's finding that petitioners were not eligible for asylum was supported by substantial evidence, and the IJ's finding that petitioner Titalayo was not credible was supported by specific and convincing reasons; because petitioners were not eligible for asylum, they also failed to meet the higher burden of proof required for withholding of removal; finding that petitioner Titalayo willfully misrepresented material facts was supported by the evidence and the Respondent did not err in finding petitioner was not eligible for adjustment of her status because she was inadmissible to the U.S.; petitioners will have one day to depart voluntarily after the issuance of the court's mandate. 041840P.pdf 05/11/2005 Titalayo Falaja v. John Ashcroft U.S. Court of Appeals Case No: 04-1840 Agency
Petition for Review - Immigration. The Immigration Judge had specific and cogent reasons for finding petitioner's testimony about her religious persecution was not credible, such as the inadequate and contradictory nature of her testimony and its lack of corroboration, and the IJ did not err in concluding petitioners had failed to establish either past persecution or a well-founded fear of future persecution; because petitioners could not establish their asylum claim, they could not meet the higher burden of proof required for withholding of removal; substantial evidence supported the IJ's finding that petitioner willfully misrepresented material facts in her attempt to gain asylum and that she was inadmissible to the U.S. and correspondingly ineligible for an adjustment of status. [PUBLISHED] [Bowman, Author, with M. Arnold and Gruender, Circuit Judge]