Buezo

Buezo v. Ashcroft

Good Law
86 F. App'x 255
United States Court of Appeals for the Ninth CircuitDecember 18, 2003No. 02-74432; Agency Nos. A76-370-599, A76-370-600, A75-370-601, A76-370-602California302 words

Opinion

Lead Opinion

MEMORANDUM **

Carlos Roberto Martinez Buezo, and his wife and children, all natives and citizens of Guatemala, petition for review of the decision of the Board of Immigration Appeals (“BIA”) dismissing their appeal from the Immigration Judge’s (“IJ”) order denying their application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility finding, Mejia-Paiz v. INS, 111 F.3d 720 , 723 (9th Cir.1997), and review de novo a due process violation, Castillo-Perez v. INS, 212 F.3d 518, 523 (9th Cir.2000). We deny the petition for review.

The BIA based its adverse credibility finding on significant omissions in Martinez Buezo’s asylum application regarding the past harm he allegedly suffered in Guatemala. The record does not compel the conclusion that Martinez Buezo’s testimony was credible. See Singh v. Ashcroft, 301 F.3d 1109, 1111 (9th Cir.2002). Accordingly, Martinez Buezo failed to establish eligibility for asylum or withholding of removal. See id.

The BIA did not err by rejecting Martinez Buezo’s argument that his due process rights were violated by the IJ’s refusal to accept supplemental…

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