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Toure v. Holder

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ARGUED SEPTEMBER 9, 2009

Before FLAUM, EVANS, and WILLIAMS, Circuit Judges.

Ndeye F. Toure, a citizen of the Republic of the Congo, maintains that she arrived in the United States on June 13, 2004 after being transported here by a smuggler. In October 2004, Toure applied for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (“CAT”). The immigration judge (“IJ”) denied Toure’s application, in part based on an adverse credibility determina- tion and Toure’s failure to prove that she applied for asylum within a year of arriving in the United States. Toure appealed the IJ’s denial to the Board of Immigration Appeals (“BIA”) and filed a motion to reopen based on ineffective assistance of counsel. The BIA affirmed the IJ’s decision and also denied Toure’s motion to reopen. Toure now petitions this court for review. Finding that substantial evidence supported the BIA’s findings and that the BIA did not abuse its discretion in denying Toure’s motion to reopen, we deny the petition for review.

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