FILED
NOT FOR PUBLICATION MAR 27 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
STELLA ANJENKENG FONKENG, No. 10-71425
Petitioner, Agency No. A097-854-014
v.
MEMORANDUM*
ERIC H. HOLDER, JR., Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted March 7, 2014
Pasadena, California
Before: KOZINSKI, Chief Judge, GRABER, Circuit Judge, and BREYER,
Senior District Judge.**
1. The BIA properly dismissed Petitioner Stella Fonkeng’s appeal from the
IJ’s decision denying her asylum and withholding of removal on the basis of an
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Charles R. Breyer, Senior District Judge for the U.S.
District Court for the Northern District of California, sitting by designation.
page 2
adverse credibility determination. See Jie Cui v. Holder, 712 F.3d 1332, 1338 (9th
Cir. 2013). The IJ and BIA found that Fonkeng lacked credibility, not because she
lied about her visa and means of travel, but because the inconsistencies directly
related to her motive for coming to the U.S. Singh v. Gonzales, 439 F.3d 1100,
1108 (9th Cir. 2006).
2. Neither the IJ nor the BIA failed to analyze separately Fonkeng’s
Convention Against Torture claim. Farah v. Ashcroft, 348 F.3d 1153, 1156–57
(9th Cir. 2003). The IJ and BIA reviewed the extrinsic evidence of alleged past
torture against Fonkeng, including the country reports and photographs of
Fonkeng’s scars. They properly concluded that the evidence didn’t “suffice to
demonstrate that she is more likely than not to be tortured if returned to
Cameroon.”
PETITION DENIED.