Ferreras

Ferreras v. Ashcroft

Good Law
107 F. App'x 157
United States Court of Appeals for the Ninth CircuitAugust 19, 2004No. 03-71215; Agency No. A70-943-919California363 words

Opinion

Lead Opinion

MEMORANDUM **

Lorinda Orozco Ferreras (“Ferreras”) petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmation of the Immigration Judge’s (“IJ”) 1 denial of her applications for asylum and withholding of removal. 2 We review the IJ’s decision and affirm.

Substantial evidence supports the IJ’s determination that Ferreras did not present a credible or plausible account of her claim. Even though minor inconsistencies cannot form the basis for an adverse credibility determination, an IJ can consider the cumulative effect of many such inconsistencies when judging the petitioner’s credibility. See Pal v. INS, 204 F.3d 935, 940 (9th Cir.2000).

Although the IJ failed to consider the reasonable explanation for internal inconsistencies in Ferreras’s testimony concerning those responsible for her father’s death, see Hakeem v. INS, 273 F.3d 812, 816 (9th Cir.2001), there is a glaring inconsistency between the declaration and her testimony regarding whether the National People’s Army (“NPA”) was in fact responsible. See de Leon-Barrios v. INS, 116 F.3d 391 , 393-94 (9th Cir.1997). On the basis of this inconsistency, the IJ correctly questioned the plausibility of…

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