Ancheta

Ancheta v. Ashcroft

Good Law
104 F. App'x 82
United States Court of Appeals for the Ninth CircuitJuly 20, 2004No. 02-74365California248 words

Opinion

Lead Opinion

MEMORANDUM ***

Sheila Marie de Los Reyes Ancheta, a native citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming without opinion an immigration judge’s (“IJ”) denial of her application for asylum and withholding of removal. Because the BIA affirmed the IJ’s decision without opinion, we review the IJ’s decision as the final agency determination. See Falcon Car-riche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review credibility findings for substantial evidence. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003), and we deny the petition.

Substantial evidence supports the IJ’s adverse credibility finding because the contradiction between Ancheta’s testimony and asylum application regarding persecution by guerrilla groups in the Philippines went to the heart of her asylum claim. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001).

Because Ancheta failed to establish eligibility for asylum, she necessarily failed to meet the more stringent standard for withholding of removal. See Alvarez-Santos v. INS, 332 F.3d 1245, 1255 (9th Cir.2003).

Ancheta’s contention that the BIA’s streamlining procedure…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.