Salazar Cervantes v. Ashcroft

MEMORANDUM **

Jose Manuel Salazar Cervantes, a native and citizen of Colombia, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal of an immigration judge’s (“IJ”) denial of his application for withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review adverse credibility determinations for substantial evidence, Singh-Kaur v. INS, 183 F.3d 1147, 1149 (9th Cir.1999), and we deny the petition for review.

The IJ determined that Salazar Cervantes was not credible because he claimed he was kidnaped by the FARC guerrillas, whereas letters of family members mention only the general threat of kidnaping and that Salazar Cervantes had been threatened by the FARC. The IJ noted that one of the affiants, Salazar Cervantes’ sister, was even in the car when the guerrillas allegedly took him.

Further, Salazar Cervantes testified that the guerrillas demanded a $40,000 ransom from his family, whereas his brother testified that no ransom was demanded. Because Salazar Cervantes’ fear is based on the one incident of his kidnaping by guerrillas, the inconsistencies go to the…