Jose Barrera Cruz v. Eric Holder, Jr.

MEMORANDUM

Jose Efrain Barrera-Cruz (“Cruz”) petitions for review of the Board of Immigration Appeals’ (BIA) affirmance of the Immigration Judge’s denial of relief based on an adverse credibility finding against Cruz. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a), and we deny Cruz’s petition for review.

While “minor” inconsistencies which reveal nothing about an asylum applicant’s fear for his safety are not an adequate basis for an adverse credibility finding, inconsistencies regarding events that “form the basis” of the asylum claim are sufficient to support an adverse credibility determination. See Zamanov v. Holder, 649 F.3d 969, 973 , 2011 WL 1651231 at *3 (9th Cir.2011). Here, there were major inconsistencies between Cruz’s 1994 asylum application and 2006 asylum interview — in both of which he claimed fear of persecution by guerrillas — and his 2008 Supplemental Asylum Declaration and 2008 testimony — in both of which he claimed fear of persecution based on his sexual orientation. The BIA addressed and reasonably rejected Cruz’s explanation for these inconsistencies. See, e.g., Soto-Olarte v. Holder, 555 F.3d 1089, 1091 (9th Cir.2009). Moreover, there were…