Aguilar

Aguilar v. Ashcroft

Good Law
113 F. App'x 232
United States Court of Appeals for the Ninth CircuitOctober 29, 2004No. 02-73808California319 words

Opinion

Lead Opinion

MEMORANDUM **

Rafael Antonio Aguilar, a native and a citizen of Guatemala, petitions for review of a decision of the Board of Immigration Appeals (“BIA”), affirming without opinion the immigration judge’s (“IJ”) denial of asylum on credibility grounds. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a). Pursuant to 8 C.F.R. § 1003.1 (e)(4)(ii) we review the IJ’s adverse credibility determination as the final agency decision. We review the IJ’s adverse credibility determination under a substantial evidence standard. See Andriasian v. INS, 180 F.3d 1033, 1040 (9th Cir.1999). We deny Aguilar’s petition.

Aguilar’s claim for asylum rests on a incident in which Guatemalan guerrillas kidnapped him. Though he unequivocally and repeatedly stated that he only had that one encounter with the guerrillas, he reversed himself when confronted with contrary assertions on his asylum application. Under the circumstances, we cannot *233 say that Aguilar has demonstrated that “no reasonable factfinder could fail to find [that Aguilar was credible].” Elias-Zacarias v. INS, 502 U.S. 478, 484 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Sufficient evidence supports the IJ’s finding that Aguilar has not…

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