Araujo Diniz v. Holder

MEMORANDUM

Newton Araujo Diniz, a native and citizen of Brazil, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007), and we review de novo due process claims, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

Araujo Diniz does not challenge the IJ’s dispositive finding that his application for asylum was untimely. Accordingly, his asylum claim fails.

Although the IJ found Araujo Diniz’s claim that he was arrested in 1979 credible, she found his testimony that he was arrested in 1989 to be inconsistent with his asylum application and his testimony regarding his future fear to be implausible. Substantial evidence supports the adverse credibility determination because Araujo Diniz omitted the key event that caused him to leave Brazil and his…