Fidel Mondragon-Alday v. Loretta E. Lynch

MEMORANDUM

Fidel. Mondragon-Alday, who uses the name Lucia, is a transgender woman and a citizen of Mexico. She petitions for review of a Board of Immigration Appeals (BIA) decision affirming the denial of her applications for withholding of removal and relief under Article 3 of the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 (a), and we grant her petition in part.

1. The immigration judge’s (IJ) adverse credibility finding, was supported by substantial evidence because Mondragon-Alday provided inconsistent testimony regarding her abuse at the hands of the Mexican police. An IJ may consider “the consistency between the applicant’s ... written and oral statements” when determining credibility. 8 U.S.C. § 1158 (b)(l)(B)(iii). The BIA determined that Mondragon-Alday was provided with a reasonable opportunity to clarify such discrepancies, and- acted within its discretion when finding her explanation to be unsatisfactory. Because “the record in this case does not compel the conclusion that [Mondragon-Aldayj’s testimony was credible and persuasive,” we deny the petition for review as to the adverse credibility finding. See Ling Huang v. Holder, 744…