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]