Rodriguez

Rodriguez v. Immigration & Naturalization Service

Good Law
19 F. App'x 711
United States Court of Appeals for the Ninth CircuitOctober 3, 2001No. 99-70857; INS No. A73 909 767California277 words

Opinion

Lead Opinion

MEMORANDUM ***

Carlos E. Rodriguez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“Board”) decision dismissing the appeal of the Immigration Judge’s denial of Rodriguez’s applications for asylum and withholding of deportation. The transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) apply to this appeal, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), and we therefore have jurisdiction under 8 U.S.C. § 1105a(a), as amended by IIRIRA § 309(c), see Avetova-Elisseva v. INS, 213 F.3d 1192 , 1195 n. 4 (9th Cir.2000). We review for substantial evidence the Board’s credibility findings, and we will not reverse unless the evidence compels a contrary result. See Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir.1999); De Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997). We deny the petition for review.

The Board determined that Rodriguez’s account of persecution he had suffered in Guatemala was not credible. The Board based this determination on discrepancies between Rodriguez’s testimony and his sworn asylum application. Because these discrepancies were significant, were related…

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