Abanto

MEMORANDUM **

Edwin Evia Abanto appeals the decision of the Board of Immigration Appeals (BIA), which affirmed the decision of the immigration judge (IJ) to deny discretionary relief from deportation. In a per curiam decision, the BIA held that Abanto did not warrant discretionary relief in the form of a waiver under INA § 241(a)(1)(H), 8 U.S.C. § 1251 (a)(1)(H) (1994). We review for abuse of discretion, Braun v. INS, 992 F.2d 1016, 1019 (9th Cir.1998), and deny the petition for review.

The BIA’s affirmance of the IJ’s adverse credibility determination was supported by substantial evidence. The BIA referred to specific and cogent instances of inconsistent testimony to support its credibility determination. See Wang v. INS, 352 F.3d 1250, 1253 (9th Cir.2003). In particular, Abanto provided inconsistent and evasive answers regarding his two-year delay in filing for his wife’s residency and the date upon which he told his parents that he was married. These inconsistencies were not minor. See Bandari v. INS, 227 F.3d 1160, 1166 (9th Cir.2000) (stating that minor inconsistencies cannot be the basis for an adverse credibility finding). On the contrary, this testimony was central to…