Vasquez-Araujo

Vasquez-Araujo v. Ashcroft

Good Law
107 F. App'x 155
United States Court of Appeals for the Ninth CircuitAugust 19, 2004No. 03-70901; Agency No. A46-993-133California617 words

Opinion

Lead Opinion

MEMORANDUM **

Guillermo Vasquez-Araujo, a native and citizen of Mexico and a legal permanent resident of the United States, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) order, which found petitioner removable for violating 8 U.S.C. § 1182 (a)(6)(E)(i), which provides as follows:

We have jurisdiction pursuant to 8 U.S.C. § 1252 (a). We generally review only the BIA’s decision, but where, as here, the BIA affirms the IJ’s decision without issuing an opinion, we review the IJ’s ruling. See 8 C.F.R. § 1003.1 (a)(7) (2003); Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003).

We review adverse credibility determinations under a substantial evidence standard. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). Deference is given to the IJ’s credibility determination, because the IJ is in the best position to assess the trustworthiness of petitioner’s testimony. Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 661 (9th Cir.2003). Under the substantial evidence standard, “the administrative findings are conclusive, unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252…

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