053357P.pdf   02/02/2007  Abdi Gelle Mohamed  v.  Alberto Gonzales
   U.S. Court of Appeals Case No:  05-3357
   Immigration & Naturalization Service   
   [PUBLISHED] [Benton, Author, with Wollman and Bowman, Circuit
   Judges]
   Petition for review - Immigration. "As-applied" constitutional challenge
   to the REAL ID Act rejected as the Act provides an adequate and
   effective substitute for habeas review; failure to provide petitioner with a
   competency hearing was not a violation of his procedural due process
   rights as the transcripts show a petitioner who was fully aware of the
   nature and object of the proceedings and who actively participated in his
   defense; petitioner failed to establish any prejudice on two evidentiary
   questions; Immigration Judge did not err in finding the testimony
   concerning petitioner's abuse and ostracism by community members was
   insubstantial, as the Convention Against Torture only applies to acts by
   persons acting in official capacities; order of removal affirmed.
  
053357P.pdf   11/27/2006  Abdi Gelle Mohamed  v.  Alberto Gonzales
   U.S. Court of Appeals Case No:  05-3357
   Immigration & Naturalization Service   
   [PUBLISHED] [Benton, Author, with Wollman and Bowman, Circuit Judges]
   Petition for Review - Immigration. Constitutional challenge to REAL
   ID Act of 2005 rejected; lack of a mental competency hearing was not
   an abuse of the Immigration Judge's discretion and did not violate
   petitioner's due process rights; no prejudice resulted from two instances
   of error in translation or from videoconferencing equipment's failure to
   fully depict petitioner's scars; failure to make explicit credibility
   findings concerning two witnesses' testimony was not error as their
   testimony did not concern torture and petitioner's application for relief
   under the Convention Against Torture.