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Tebyasa v. Holder

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Submitted: December 15, 2009

Before LOKEN, Chief Judge, ARNOLD and BENTON, Circuit Judges.

Simon Sebulime Tebyasa, a native and citizen of Uganda, entered the United States in May 2004, overstayed his student visa, and applied for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). After an evidentiary hearing at which only Tebyasa testified, the Immigration Judge (“IJ”) denied all relief, finding that his testimony was not sufficiently credible to meet his burdens of proof. Tebyasa appealed. The Board of Immigration Appeals (“BIA”) affirmed with an opinion. Tebyasa filed a petition for judicial review and then a motion to remand. We deny the petition for review because substantial evidence supports the BIA’s decision. We also deny the motion to remand.

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