Everth Aroldo Ceballos-Castillo, and Santos Pineda-Medrano v. Immigration and Naturalization Service

Everth Ceballos-Castillo and his wife Santos Pineda-Medrano, natives and citizens of Guatemala, appeal the decision of the Board of Immigration Appeals denying their application for asylum and withholding of deportation. The BIA upheld the decision of the Immigration Judge, who found that the aliens’ claims were not credible because of inconsistencies in their testimony and material misstatements of fact on their asylum applications. The aliens claim that these inconsistencies are minor and cannot support the BIA’s determination.

The Immigration Judge and the Board identified four reasons for finding that the aliens’ testimony was incredible: (1) the gross inconsistencies between the asylum application and the testimony and declaration of May 4, 1984, especially concerning the “180 degree” change from a claim of guerrilla persecution to one of government persecution; (2) the inconsistencies regarding the aliens’ passports; (3) Mr. Castillo’s position in the civil patrol at the time he claimed to have been persecuted by the government; (4) the fact that the aliens left their two year old child behind while they fled persecution. A review of the entire administrative record shows…