Haral Guillermo Oliva Rita Marina Oliva v. Immigration and Naturalization Service

76 F.3d 387 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Haral Guillermo OLIVA; Rita Marina Oliva, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70502. United States Court of Appeals, Ninth Circuit. Submitted Dec. 5, 1995. * Decided Dec. 11, 1995. Before: PREGERSON, BRUNETTI, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Based on the inconsistency between Oliva's written application and his testimony, the Immigration Judge ("IJ") found that Oliva was not credible. In his testimony before the IJ, Oliva testified that his membership and participation in specific political organizations placed him in danger. However, Oliva failed to mention his membership in these political organizations on his written application. The only explanation Oliva offered for this omission was that he did not prepare the application himself. Therefore, the IJ's adverse credibility finding is supported by substantial evidence. Abedini v. INS, 971 F.2d 188, 191…