Hugo Hernandez v. Eric Holder, Jr.

Good Law
488 F. App'x 260
United States Court of Appeals for the Ninth CircuitNovember 19, 201211-70593California327 words

Opinion

Opinion

MEMORANDUM

Hugo Rene Hernandez, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) and denying his motion to remand. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, including adverse credibility determinations, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and review for abuse of discretion the denial of a motion to remand, Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). We deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility determination based on discrepancies between Hernandez’s testimony and his 1994 asylum application regarding his party affiliation, political activities, and harms suffered. See Valderrama v. INS, 260 F.3d 1083, 1085 (9th Cir.2001) (per curiam) (discrepancies regarding petitioner’s political affiliation went to heart of claim that she was persecuted on account of her political opinion).…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.