Garcia

Garcia v. Ashcroft

Good Law
80 F. App'x 23
United States Court of Appeals for the Ninth CircuitOctober 22, 2003No. 02-74324; Agency No. A70-217-781California357 words

Opinion

Lead Opinion

MEMORANDUM **

Ofelia Guzman Garcia, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order affirming the Immigration Judge’s (“IJ”) denial of her applications for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”) and voluntary departure, and the IJ’s finding that Garcia filed a frivolous asylum application. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility determination, Mejia-Paiz v. INS, 111 F.3d 720 , 723 (9th Cir.1997), and factual determinations concerning a petitioner’s eligibility for asylum, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

The IJ based its adverse credibility finding on numerous, substantial inconsistencies between Garcia’s testimony and asylum applications that went to the heart of her asylum claim, and the IJ offered twelve specific, cogent reasons for disbelieving Garcia. See id. The record does not compel the conclusion that Garcia’s testimony was credible. See Singh v. INS, 301 F.3d 1109, 1111 (9th Cir.2002). Accordingly, Garcia failed to establish…

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