Jackelin Rivas-Coto v. Eric Holder, Jr.

MEMORANDUM

Jackelin Rivas-Coto, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the new standards governing adverse credibility determinations created by the Real ID Act. Shrestha v. Holder, 590 F.3d 1034,1039 (9th Cir.2010). We review de novo due process claims. Vasquez-Zavala v. Ashcroft, 324 F.3d 1105,1107 (9th Cir.2003). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination on the basis of the discrepancy between Rivas-Coto’s testimony and her asylum application regarding whether her aunt was killed, as well as the discrepancy regarding the incident at the lake. See Kohli v. Gonzales, 473 F.3d 1061, 1071 (9th Cir. 2007) (adverse credibility finding may be supported by discrepancies between a petitioner’s testimony, declaration, and documents).…