Bacourt

Bacourt v. Ashcroft

Good Law
117 F. App'x 594
United States Court of Appeals for the Ninth CircuitDecember 16, 2004No. 03-71428; Agency Nos. A76-410-782, A76-410-783California441 words

Opinion

Lead Opinion

MEMORANDUM **

Joasmene Bacourt and her daughter Sheila Clemenco, natives and citizens of Haiti, appeal the order of the Board of Immigration Appeals (“BIA”), which affirmed the decision of the immigration judge (“IJ”) to deny their applications for asylum and withholding of removal. The IJ denied Bacourt’s application, finding that Bacourt was not credible. Because substantial evidence in the record supports this decision, we affirm.

In support of the adverse credibility finding, the IJ discusses numerous inconsistencies in Bacourt’s application and testimony. Admittedly, some of the inconsistencies the IJ cites are minor and, standing alone, could not justify an adverse credibility finding, see Vilorio-Lopez v. INS, 852 F.2d 1137, 1142 (9th Cir. 1988). However, several of the inconsistencies cited by the IJ are supported by the record and go to the heart of Bacourt’s claims. Therefore, we must uphold the IJ’s adverse credibility finding. See Wang v. INS, 352 F.3d 1250, 1259 (9th Cir.2003).

First, the IJ’s adverse credibility determination correctly relied on Bacourt’s inconsistent testimony regarding crucial elements of her claim of persecution on account of political opinion.…

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.