Aida Martinez-Alvarado v. Eric Holder, Jr.

dissenting:

The majority affirms the Board’s adverse credibility determination, reasoning that Martinez-Alvarado failed “to mention in her application the principal source of her fear, namely an individual who allegedly threatened her and was involved in the deaths of her father and brother.” Such inconsistency might be sufficient to support an adverse credibility determination, if it existed. Here, however, the Board’s credibility determination relied on a selective reading of the record, “in contravention of the REAL ID Act’s text.” Shrestha v. Holder, 590 F.3d 1034, 1044 (9th Cir .2010); see also 8 U.S.C. § 1158 (b)(l)(B)(iii) (requiring consideration of “the totality of the circumstances”).

When read in its totality, Martinez-Alvarado’s initial application differs from her testimony only in its degree of specificity, not its substance. Martinez-Alvarado’s application states that “the leader from the MOP [union]” threatened her father — the same individual about whom she testified in more detail during the removal proceedings. Martinez-Alvarado’s application also revealed that fear of this person led her to flee El Salvador: “Due to death threats from the Union members,” the…

MEMORANDUM ***

Aida Elizabeth Martinez-Alvarado, a native and citizen of El Salvador, petitions for review of a decision of the Board of Immigration Appeals (Board) affirming the immigration judge’s (IJ) denial of her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review adverse credibility determinations for substantial evidence and we will uphold the Board’s decision unless the evidence compels a contrary conclusion. Singh v. Ashcroft, 362 F.3d 1164, 1168 (9th Cir.2004). We deny the petition for review.

Substantial evidence supports the Board’s adverse credibility determination based on the inconsistencies between Martinez-Alvarado’s asylum application and her testimony regarding the circumstances of significant incidents of harm she states she suffered. 8 U.S.C. § 1158 (b)(1)(B)(iii); Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir.2011) (“[inconsistencies regarding events that form the basis of the asylum claim are sufficient to support an adverse credibility determination.”). Specifically, Martinez-Alvarado failed to mention in her asylum application the principal source of her fear, namely an individual who allegedly…

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT OCT 23 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

AIDA ELIZABETH MARTINEZ- No. 09-70488

ALVARADO,

Agency No. A099-528-920 Petitioner,

v. MEMORANDUM*

ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted September 12, 2013** San Francisco, California

Before: WALLACE and BERZON, Circuit Judges, and ZOUHARY, District Judge.***

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** This panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Jack Zouhary, District Judge for the U.S. District Court for the Northern District of Ohio, sitting by designation. Aida Elizabeth Martinez-Alvarado, a native and citizen of El Salvador,

petitions for review of a decision of the Board of Immigration Appeals (Board)

affirming the immigration judge’s (IJ) denial of her…