Ambriz-Vasquez

Ambriz-Vasquez v. Immigration & Naturalization Service

Good Law
12 F. App'x 481
United States Court of Appeals for the Ninth CircuitMarch 20, 2001No. 99-70618; INS No. A92-597-784California579 words

Opinion

Lead Opinion

MEMORANDUM *

Joel Ambriz-Vasquez (“Ambriz-Vas-quez”) petitions for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal of an Immigration Judge decision finding him deport-able for alien smuggling pursuant to 8 *482 U.S.C. § 1251 (a)(1)(E)(i) (1991). 1 The BIA adopted the Immigration Judge’s finding that Ambriz’s and his witnesses’ testimony was incredible, and primarily on this basis concluded that the INS had met its burden of proving Ambriz-Vasquez deportable.

Ambriz-Vasquez asserts that the finding that his testimony was not credible is not supported by substantial evidence. He further contends that, as he testified, he did not provide the immigrants with any aid in entering the U.S. illegally, and that the INS did not meet its burden of proving him deportable.

An adverse credibility finding is a factual finding, upheld if supported by substantial evidence in the form of “specific, cogent reasons,” and it may not be based on “speculation and conjecture.” Salaam v. INS, 229 F.3d 1234, 1238 (9th Cir.2000). The personal belief of the Immigration Judge or the BIA that the uncontradicted facts as presented are too remarkable to be believed is…

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