Cuchilla-Ventura

Cuchilla-Ventura v. Holder

Good Law
376 F. App'x 717
United States Court of Appeals for the Ninth CircuitApril 19, 201007-72876California325 words

Opinion

Opinion

MEMORANDUM

Gumercindo Everisario Cuchilla-Ventu-ra, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the discrepancies between Cu-chilla-Ventura’s testimony and his sworn statements during his airport interview as to why he came to the United States. See Li v. Ashcroft, 378 F.3d 959, 962-63 (9th Cir.2004) (when petitioner gives entirely different reasons for arrival in United States, discrepancy between testimony and sworn airport interview constitutes substantial evidence). Cuchilla-Ventura’s contention that the agency failed to produce any evidence regarding the airport interview is belied by the record. Substantial evidence also supports the agency’s adverse credibility…

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