Rivera De Zavala v. Holder

Good Law
492 F. App'x 821
United States Court of Appeals for the Ninth CircuitNovember 14, 201207-73106California377 words

Opinion

Opinion

MEMORANDUM

Petitioner Bertha Rivera de Zavala seeks review of the Board of Immigration Appeals’ (“BIA”) affirmance of the immigration judge’s (“IJ”) entry of a final order of removal. We deny the petition.

1. Substantial evidence supports the BIA’s and IJ’s adverse credibility determination. See Tekle v. Mukasey, 583 F.3d 1044, 1051 (9th Cir.2008) (holding that we review adverse credibility determinations for substantial evidence). Petitioner’s testimony conflicted on key facts with the account of events recorded by Officer Gre-gor at the time of Petitioner’s detention. Because at least one reason supports the adverse credibility determination, we must accept it. Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004). Moreover, Gregor’s account contains Petitioner’s admission that she could tell, while still in Mexico, that Moreno-Cruz carried a false passport and had no right to enter the United States. Substantial evidence therefore supports the IJ’s finding that Petitioner knew all along that Moreno-Cruz lacked legal authorization to enter the United States.

2. The BIA correctly held that, under 8 U.S.C. § 1101 (a)(13)(C)(iii) and 8 U.S.C. § 1182 (a)(6)(E)(i), Petitioner’s illegal…

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.