Daisy Sosa-Salguero v. Eric Holder, Jr.

Good Law
575 F. App'x 746
United States Court of Appeals for the Ninth CircuitMay 23, 201412-73239California256 words

Opinion

Opinion

MEMORANDUM

Amado Alexander Elias, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility finding based on the omission from Elias’s asylum application and affidavit of two incidents in which gang members beat and physically injured him. See Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir.2011) (“Material alterations in the applicant’s account of persecution are sufficient to support an adverse credibility finding.”). The agency reasonably rejected Elias’s explanations for the omissions. See Rizk v. Holder, 629 F.3d 1083, 1091 (9th Cir.2011). Further, the record does not otherwise compel the conclusion that it is more likely than not Elias will be…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.