Recinos-Santamaria

Recinos-Santamaria v. Holder

Good Law
367 F. App'x 833
United States Court of Appeals for the Ninth CircuitFebruary 25, 201007-70773California268 words

Opinion

Opinion

MEMORANDUM

Jenny Josseth Recinos-Santamaria, a native and citizen of Honduras, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, including adverse credibility determinations, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and de novo questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility finding based on the omission from petitioner’s asylum application of her three alleged complaints to the police, and whether or not the police were willing to help her was central her claim. See Li v. Ashcroft, 378 F.3d 959, 962-64 (9th Cir.2004) (a negative credibility finding will be upheld so long as one of the identified grounds underlying the finding is supported by substantial evidence and goes to the heart of the asylum claim). Accordingly, in the absence of credible testimony, petitioner’s asylum and withholding of…

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