Avila De Paz v. Ashcroft

MEMURANDUM ***

Carlos Trinidad Avila De Paz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his applications for asylum and withholding of deportation. Because the transitional rules apply, Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction pursuant to 8 U.S.C. § 1105a(a). We deny the petition for review.

Avila De Paz challenges the IJ’s adverse credibility determination. Reviewing for substantial evidence, we conclude that the IJ’s adverse credibility determination is supported by specific and cogent explanations that go to the heart of the asylum claim. See Valderrama v. INS, 260 F.3d 1083, 1085 (9th Cir.2001) (per curiam).

Even if Avila De Paz testified truthfully, however, substantial evidence supports the IJ’s finding that he failed to establish a well-founded fear of persecution based on his refusal to join guerilla forces or retribution for his service in the Guatemalan military. Cf Cruz-Navarro v. INS, 232 F.3d 1024, 1028-29 (9th Cir.2000) (recognizing that former military service may in some instances support an asylum claim); Sangha…