Julio Urrutia Gavidia v. Eric H. Holder Jr.

MEMORANDUM

Julio Cesar Urrutia Gavidia, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (“NACARA”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, and review de novo constitutional claims and questions of law. Khan v. Holder, 584 F.3d 773, 776 (9th Cir.2009). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination where Urrutia Gavidia’s testimony was materially inconsistent with the statements he made to the asylum officer during his NACARA interview concerning his service with the civil defense unit (“CDU”) in El Salvador. See Li v. Ashcroft, 378 F.3d 959, 962-63 (9th Cir.2004).

Substantial evidence also supports the agency’s determination that Urrutia Gavidia assisted in the persecution of others on account of their political opinion where he provided the names of suspected guerilla sympathizers to the local leader…