Cornel-Aldana

Cornel-Aldana v. Ashcroft

Good Law
107 F. App'x 53
United States Court of Appeals for the Ninth CircuitAugust 17, 2004No. 03-70937California313 words

Opinion

Lead Opinion

MEMORANDUM **

Hector Wilfredo Cornel-Aldana, a native and citizen of Guatemala, petitions for review of the decision of the Board of Immigration Appeals (“BIA”), summarily affirming an immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review an adverse credibility finding for substantial evidence, Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000), and we deny the petition for review.

Substantial evidence supports the IJ’s determination that Cornel-Aldana was not credible because his testimony concerning the reasons his stepfather was killed were inconsistent with his asylum application. See Pal v. INS, 204 F.3d 935, 938 (9th Cir.2000). Substantial evidence also supports the IJ’s determination that Cornel-Aldana provided vague testimony regarding who authored the death threat against him and how he received it. See Singh-Kaur v. INS, 183 F.3d 1147, 1152-53 (9th Cir.1999). These grounds go to the heart of his asylum claim because they form the basis of his alleged persecution. See Chebchoub v. INS, 257 F.3d 1038, 1042-43 (9th Cir.2001).

Because Cornel-Aldana did not testify credibly, he…

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