Petronilo Mota v. Eric Holder, Jr.

MEMORANDUM

Petronilo Mota petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his- applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 and deny the petition for review.

1. The adverse credibility finding by the Immigration Judge (IJ) was supported by substantial evidence in the record. Mota’s two asylum applications were flatly inconsistent. Mota’s testimony before the IJ was also at times inconsistent and largely uncorroborated. The BIA did not err in affirming the IJ’s adverse credibility determination. See Shrestha v. Holder, 590 F.3d 1034, 1048 (9th Cir.2010). Dr. Camp’s expert testimony relied on Mota’s non-credible testimony. Accordingly, the remaining evidence in the record is insufficient to carry Mota’s burden of establishing his eligibility for relief.

2. The hearing before the IJ satisfied due process. An IJ is authorized to “administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses,” 8 U.S.C. § 1229a(b)(1), and is afforded wide latitude in conducting hearings. See, e.g., Melkonian v. Ashcroft, 320 F.3d 1061, 1072 (9th Cir.2003). Despite the…