[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
April 18, 2007
No. 06-14943 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
BIA Nos. A98-602-627 & A98-602-628
KEYLIZ ANNA BERTI,
GREGORY ALEXANDER MORENO,
VIANNA JULIETT MORRELL,
Petitioners,
versus
U.S. ATTORNEY GENERAL,
Respondent.
________________________
Petition for Review of a Decision of the
Board of Immigration Appeals
_________________________
(April 18, 2007)
Before DUBINA, CARNES and PRYOR, Circuit Judges.
PER CURIAM:
Keyliz Anna Berti, a native and citizen of Venezuela, petitions for review of
the decision of the Board of Immigration Appeals that affirmed the decision of the
Immigration Judge that denied her asylum, 8 U.S.C. § 1158(a)(1); withholding of
removal, 8 U.S.C. § 1231(b)(3); and relief under the United Nations Convention
Against Torture. Berti argues that substantial evidence does not support the
adverse credibility finding of the IJ; bias exhibited by the IJ denied Berti a full and
fair opportunity to present her claims; and she satisfied the requirements for
asylum, withholding of removal, and relief under the CAT. These arguments fail.
Berti challenged before the BIA neither the adverse credibility finding nor
the fairness of her hearing. When an applicant fails to raise an issue before the
BIA, she has not exhausted her administrative remedies, and we lack jurisdiction to
entertain the issue. Amaya-Artunduaga v. U.S. Att’y Gen., 463 F.3d 1247, 1251
(11th Cir. 2006). We are unable to disturb the adverse credibility finding or
consider the fairness of Berti’s hearing.
It is well-settled that an adverse credibility determination alone may support
a denial of relief. See Forgue v. U.S. Att’y Gen., 401 F.3d 1282, 1287 (11th Cir.
2005). Berti entered the United States on January 6, 1999, and maintains that in
1998 she was persecuted on account of her political opinion by the Bolivarian
Circles, a group sympathetic to Venezuelan President Hugo Chavez. The IJ based
the adverse credibility finding on, among other things, the fact that a United States
Citizenship and Immigration Services report states that the Bolivarian Circles did
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not come into existence until 2001. In Berti’s case, the adverse credibility
determination is sufficient to support the denial of asylum, withholding of removal,
and relief under the CAT.
DENIED.
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