Wadeline Christophe v. U.S. Attorney General

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JUNE 23, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-16357
Non-Argument Calendar
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Agency No. A098-940-482
WADELINE CHRISTOPHE,
Petitioner,
versus
U.S. ATTORNEY GENERAL,
Respondent.
________________________
Petition for Review of a Decision of the
Board of Immigration Appeals
_________________________
(June 23, 2010)
Before CARNES, MARCUS and PRYOR, Circuit Judges.
PER CURIAM:
Wadeline Christophe, a native and citizen of Haiti, petitions for review of

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the denial of her application for asylum and withholding of removal under the
Immigration and Nationality Act. 8 U.S.C. § 1231(b)(3); 8 C.F.R. § 208.16(c).
The Board of Immigration Appeals and the immigration judge found Christophe
not credible. We deny the petition.
Christophe argues that she is eligible for asylum relief, but we disagree. The
immigration judge found that Christophe failed to file timely her application for
asylum, and we lack jurisdiction to review that decision. See Chacon-Botero v.
U.S. Att’y Gen., 427 F.3d 954, 957 (11th Cir. 2005). We dismiss Christophe’s
petition for review of the denial of her application for asylum.
Christophe challenges the denial of her application for withholding of
removal, but substantial evidence supports the finding that Christophe was not
credible. See Al Najjar v. Ashcroft, 257 F.3d 1262, 1283–84 (11th Cir. 2001).
There were several inconsistencies between Christophe’s supplemental written
statement and her testimony. Christophe alleged in her written statement that, in
January 2004, supporters of Lavalas threatened her, but Christophe later testified
that the men beat her. Christophe alleged in her written statement that military
officers had beaten her mother on October 30, 2004, and had arrested Christophe
on May 2, 2005, but Christophe later testified that her mother had been beaten on
November 2, 2004, and Christophe had been arrested on May 5, 2005. Christophe
also provided an incredible account about how in May and June of 2005 her six-
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month-old fetus survived two months of beatings “morning, midday, and night.”
Christophe first testified that in 2005 her captors “didn’t spare any part of [her]
body,” but when asked to explain how the baby survived, Christophe testified that
her captors inflicted fewer blows on her “lower stomach.” Christophe offers no
explanation for these and other inconsistencies that would compel a reasonable fact
finder to reverse the adverse credibility finding and conclude that she established
eligibility for withholding of removal. See Chen v. U.S. Att’y Gen., 463 F.3d
1228, 1231 (11th Cir. 2006).
Christophe contends that the immigration judge and the Board failed to
consider her corroborative evidence, but we disagree. The immigration judge
stated that he had considered the Country Report submitted by the government and
a medical certificate and an identification card submitted by Christophe, and the
Board affirmed the decision of the immigration judge, in part, on “the lack of
sufficient reliable evidence corroborative of [Christophe’s] claim.” Moreover,
none of the corroborative evidence establishes that Christophe is eligible for
withholding of removal. The membership card established only that Christophe
was a member of the Association Des Democrates De Delmas, and Christophe’s
medical report, which stated that she had suffered “[c]orporal [t]rauma due to a
Kidnapping incident,” was inconsistent with Christophe’s statement that she had
been “arrested” by military officers for her political activities. The Country Report
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stated that prisons were unsanitary and its occupants suffered from “malnutrition,
poor quality healthcare . . . [in]adequate food . . . and periodically suffered from
lack of water,” which was entirely consistent with the finding of the immigration
judge that it was “inconceivable” that Christophe could have been incarcerated and
beaten daily for two months and thereafter deliver a healthy baby.
We DISMISS Christophe’s petition for review of the denial of asylum and
DENY her petition for review of the denial of withholding of removal.
PETITION DISMISSED IN PART, DENIED IN PART.
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