Solis

Solis v. Holder

Good Law
370 F. App'x 780
United States Court of Appeals for the Ninth CircuitMarch 8, 201007-71619California353 words

Opinion

Opinion

MEMORANDUM

Emiliano Solis, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from 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, Sidhu v. INS, 220 F.3d 1085, 1088 (9th Cir.2000), and we review de novo constitutional issues, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination because Solis failed to produce his brother’s testimony at the hearing to corroborate his claim, where his brother was the only witness to events forming the basis of Solis’ claim and was available to testify, see Sidhu, 220 F.3d at 1090-91 (IJ could properly fault applicant for failing to produce critical corroborating witness from nearby suburb), and Solis’ explanation does not compel a contrary conclusion, see Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). In the absence of credible testimony,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.