Orozco

Orozco v. Ashcroft

Good Law
109 F. App'x 982
United States Court of Appeals for the Ninth CircuitSeptember 27, 2004No. 03-71807California274 words

Opinion

Lead Opinion

MEMORANDUM **

Virginia O. Rabanales Orozco, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders denying her motion to reopen and summarily affirming of an immigration judge’s (“IJ”) denial of her application for asylum and withholding of deportation. Because the transitional rules apply, we have jurisdiction under 8 U.S.C. § 1105a(a). Kalaw v. INS, 133 F.3d 1147, 1149-50 (9th Cir.1997). We review the BIA’s denial of a motion to reopen for abuse of discretion, Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000), and we review adverse credibility determinations for substantial evidence. Singh-Kaur v. INS, 183 F.3d 1147, 1149 (9th Cir.1999). We deny the petition for review.

Substantial evidence supports the IJ’s denial of asylum based on Orozco’s demeanor and the inconsistencies between her testimony and asylum application concerning mistreatment by members of the Guatemalan military. See Wang v. INS, 352 F.3d 1250, 1257-58 (9th Cir.2003). Because the inconsistencies go to the heart of Orozco’s asylum claim, the record does not compel the opposite result. See id.

Orozco’s contention that the BIA abused its discretion by denying…

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.