Reyes Lopez v. Ashcroft

MEMORANDUM **

Ferman Reyes-Lopez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance, without' opinion, of an immigration judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). This Court has jurisdiction under 8 U.S.C. § 1252 . Due process violations in immigration proceedings are reviewed de novo, Lopez-Urenda v. Ashcroft, 345 F.3d 788, 791 (9th Cir.2003), and we review for substantial evidence both the denial of asylum, INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992), and the denial of CAT relief, Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir.2003). We deny the petition for review.

Petitioner’s challenge to the BIA’s streamlining procedures is without merit. See 8 C.F.R. § 3.1 (a)(7)(h); Falcon Carriche v. Ashcroft, 350 F.3d 845, 850-51 (9th Cir.2003).

We hold that the IJ’s adverse credibility finding was not supported by substantial evidence. This Court will not uphold an adverse credibility finding based on minor inconsistencies, or where, as here, the IJ neglects to explain the significance…