Godinho

Godinho v. Holder

Good Law
367 F. App'x 767
United States Court of Appeals for the Ninth CircuitFebruary 23, 201007-70931California313 words

Opinion

Opinion

MEMORANDUM

George Agnel Godinho, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence adverse credibility findings, Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir. 2008), and we review de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination based upon Godinho’s omission of statements by police indicating they persecuted him account of his Christian religion from his declaration. See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004); Kaur v. Gonzales, 418 F.3d 1061, 1067 (9th Cir.2005). Godinho’s explanations for the omission do not compel the conclusion he is credible. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). Absent credible testimony, Godinho’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156…

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