Lopez-Escobar

Lopez-Escobar v. Ashcroft

Good Law
116 F. App'x 926
United States Court of Appeals for the Ninth CircuitDecember 16, 2004No. 03-70323California309 words

Opinion

Lead Opinion

MEMORANDUM **

Claudio Armando Lopez-Escobar, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming the Immigration Judge’s (“IJ”) denial of his application for asylum and withholding of removal and for 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, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition.

Substantial evidence supports the IJ’s adverse credibility finding. The IJ offered specific, cogent reasons for his findings based on inconsistencies between petitioner’s testimony and application going to the heart of his asylum claim, including regarding the encounters with the guerrillas. See id. at 1043 . Because petitioner failed to show that he was eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See Fatah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). In addition, substantial evidence also supports the denial of relief under CAT. See id. at 1157 .

The contention that the BIA’s decision…

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