Renzo Chiarella-Cerron v. Loretta E. Lynch

MEMORANDUM

Petitioner Renzo Chiarella-Cerron seeks review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from the immigration judge’s (“D”) entry of a final order of removal.

1. Substantial evidence- supports the BIA’s adverse credibility determination. See Singh v. Holder, 638 F.3d 1264, 1268-69 (9th Cir.2011) (stating the standard of review). In an effort to convince the IJ that his removal would result in hardship to his family, thus justifying discretionary relief from removal to Peru, Petitioner testified that his wife speaks only a “little bit” of Spanish and does not read or write in Spanish. To the contrary, Petitioner’s wife testified that she speaks Spanish fluently and reads and writes in Spanish. In this case governed by the REAL ID Act, we must uphold the adverse credibility determination; and we note that this inconsistency goes to the heart of Petitioner’s claim for relief. We therefore deny the petition with respect to the adverse credibility determination.

2. The BIA correctly held that Petitioner was convicted of conspiracy to commit assault, in violation of California Penal Code section 245(a)(1). Petitioner pleaded nolo contendere to…