Lopez-Gomez

Lopez-Gomez v. Ashcroft

Good Law
119 F. App'x 69
United States Court of Appeals for the Ninth CircuitDecember 13, 2004No. 03-74418; Agency No. A75-746-002California302 words

Opinion

Lead Opinion

MEMORANDUM **

Mario Erick Lopez-Gomez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have juris *70 diction pursuant to 8 U.S.C. § 1252 . We review an adverse credibility determination for substantial evidence. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). We deny the petition.

Lopez-Gomez testified that the mother of his child had been beaten to death by soldiers. He did not, however, mention this incident in his application, nor in the declaration that he submitted between his two merits hearings. Moreover, he did not testify to this incident until cross-examination. See Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003) (upholding adverse credibility determination where petitioner failed to include a dramatic event in two asylum applications and principle testimony). As these omissions are not minor and “relate to the basis for [the] alleged fear of persecution,” the IJ’s adverse credibility determination is supported by…

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