Quintero-Sandoval

Quintero-Sandoval v. Immigration & Naturalization Service

Good Law
38 F. App'x 481
United States Court of Appeals for the Ninth CircuitJune 20, 2002Nos. 01-70725, 01-70727, 01-70728; INS Nos. A72-542-392, A72-544-128, A72-544-129California744 words

Opinion

Lead Opinion

MEMORANDUM *

Brothers Francisco Quintero-Sandoval and Aurelio Sandoval Quintero, with derivative asylum applicant Olga Reyes-Trejo, (“petitioners”), petition for review of the Board of Immigration Appeals’ (“BIA”) dismissal of their applications for asylum and withholding of deportation, and the denial of their request to remand to the Immigration Judge (“IJ”) for consideration of their claims for relief under the Convention Against Torture (CAT). 1 Petitioners also argue that the ineffective assistance of their counsel violated their due process rights.

We agree with the BIA that substantial evidence supports the IJ’s adverse credibility decision, and that, as a result, petitioners failed to establish eligibility for asylum or withholding of deportation. Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000) (reviewing adverse credibility determination under a substantial evidence standard). The IJ’s determination that Francisco’s demeanor conflicted with his testimony that he was nervous is entitled to special deference. Paredes-Urrestarazu v. INS, 36 F.3d 801, 818 (9th Cir.1994) (according special deference to the IJ’s eye-witness observations of a petitioner’s demeanor).

Moreover,…

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