Sebastian-Francisco

Sebastian-Francisco v. Ashcroft

Good Law
114 F. App'x 852
United States Court of Appeals for the Ninth CircuitDecember 9, 2004No. 03-70427; Agency Nos. A73-911-114, A73-911-113, A72-510-073California290 words

Opinion

Lead Opinion

MEMORANDUM **

Alexander Marcony Sebastian-Franeisco, Maria Manuela Francisco, and Alejan *853 dro Juan Sebastian-Leon, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) decision affirming an Immigration Judge’s decision denying their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence an adverse credibility determination, see Malhi v. INS, 336 F.3d 989, 992 (9th Cir.2003), and we deny the petition.

Substantial evidence supports the BIA’s adverse credibility finding. The BIA identified significant omissions in lead petitioner Sebastian-Leon’s written asylum application and his asylum interview statements, compared to his subsequent declaration in support of asylum and his merits hearing testimony. The omissions went to the heart of the asylum claim — persecution by guerillas — including omissions regarding oral threats to Sebastian-Leon, the abduction and mistreatment of his relatives, the burning of his house, and the shooting of friends with whom he was staying. See Li v. Ashcroft, 378 F.3d 959,…

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