Barillas-Pinto

Barillas-Pinto v. Ashcroft

Good Law
120 F. App'x 112
United States Court of Appeals for the Ninth CircuitJanuary 13, 2005No. 03-74205; Agency No. A70-910-242California476 words

Opinion

Lead Opinion

MEMORANDUM **

Nelson Alexander Barillas-Pinto, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of his applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review denial of asylum for substantial evidence. Camposeco-Montejo v. Ashcroft, 384 F.3d 814, 818 (9th Cir.2004). The denial must be upheld unless the applicant can show that “the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). We deny the petition for review.

Substantial evidence supports the Id’s decision. The IJ found Mr. BarillasPinto’s testimony not credible. “While accorded deference, a credibility determination ‘must be supported by a specific, cogent reason.’ ” Li v. United States, 378 F.3d 959, 962 (9th Cir.2004) (quoting De Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997)). Mr. Barillas-Pinto’s testimony was inconsistent. He presented two asylum applications with completely different stories of…

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