Reyes

Reyes v. Holder

Good Law
422 F. App'x 582
United States Court of Appeals for the Ninth CircuitMarch 17, 201107-72561California324 words

Opinion

Opinion

MEMORANDUM

Yovany Alberto Reyes and Elvyn Amoldo Mazariegos, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Singh v. Gonzales, 439 F.3d 1100, 1105 (9th Cir.2006), and we deny the petition for review.

The record does not compel the conclusion that petitioner’s late-filed asylum application is excused by any changed or extraordinary circumstances. See 8 C.F.R. § 1208 (a)(4)(5); Dhital v. Mukasey, 532 F.3d 1044, 1050 (9th Cir.2008). Accordingly, we deny the petition as to their asylum claim.

Substantial evidence supports the agency’s adverse credibility determination because of inconsistencies regarding Reyes’ age when his mother was attacked, the date of the attack, and the date of his mother’s resignation letter. The inconsistencies go to the heart of petitioners’ claims. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001) (sustaining…

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