Duarte-Ortega

Duarte-Ortega v. Ashcroft

Good Law
119 F. App'x 187
United States Court of Appeals for the Ninth CircuitJanuary 14, 2005No. 03-74725California328 words

Opinion

Lead Opinion

MEMORANDUM **

Sonia Alicia Duarte-Ortega, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“U”) denial of her 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 the IJ’s decision as the final agency order. Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review adverse credibility findings for substantial evidence. Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). We deny the petition for review.

Duarte-Ortega’s testimony before the IJ contradicts Information in her asylum application such as the number of times she was attacked, the reasons for the attacks and whether her brother was in the national police. These inconsistencies go to the heart of her asylum claim and constitute substantial evidence in support of the IJ’s *188 finding. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). Due to the lack of credible testimony, Duarte-Ortega fails to demonstrate eligibility for asylum or withholding of removal. See Farah, 348 F.3d at 1156…

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