Osorio-Vasquez

Osorio-Vasquez v. Ashcroft

Good Law
85 F. App'x 661
United States Court of Appeals for the Ninth CircuitJanuary 16, 2004No. 02-70771; Agency Nos. A70-945-931, A76-356-079California281 words

Opinion

Lead Opinion

MEMORANDUM **

Rubila De Maria Osorio-Vasquez and Matilde Alejandra Herrera Osorio, mother and daughter, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

Petitioners challenge the Immigration Judge’s (“IJ”) adverse credibility determination. However, the adverse credibility determination made by the IJ and affirmed by the BIA is supported by specific and cogent explanations that “go to the heart of the asylum claim.” Malhi v. INS, 336 F.3d 989, 992-93 (9th Cir.2003) (quotation marks and citation omitted). It follows that the IJ’s decision is supported by substantial evidence. See id. at 992 .

*662 Furthermore, even if petitioner OsorioVasquez testified truthfully, a reasonable fact finder would not be compelled to conclude that her story establishes past persecution or a well-founded fear of future persecution on account of any of the five protected grounds. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 & n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Finally, petitioners’ argument…

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