Navarrete

Navarrete v. Ashcroft

Good Law
120 F. App'x 206
United States Court of Appeals for the Ninth CircuitJanuary 28, 2005No. 02-74355California270 words

Opinion

Lead Opinion

MEMORANDUM ***

Plutarco Ramiro Becerra Navarrete (“Navarrete”), a native and citizen of Ecuador, petitions for review of the Board of Immigration Appeals’ summary affirmance of an Immigration Judge’s (“IJ”) order denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Chebchoub v. INS, 257 F.3d 1038 (9th cir.2001), and we deny the petition.

Navarrete argues that he is entitled to humanitarian asylum based on the severity of his past persecution. This argument fails, however, as the primary evidence supporting these persecution claims is Navarrete’s testimony, which the IJ deemed not credible.

Navarrete failed to raise the issue of the IJ’s credibility finding in his opening brief. Therefore, this argument is likely waived. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996) (concluding that petitioner waived an issue by failing to *207 address it in the opening brief). Even assuming the issue is not waived, substantial evidence supports the IJ’s finding of adverse credibility. INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). Accordingly,…

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