Perez-Huanca

Perez-Huanca v. Gonzales

Good Law
124 F. App'x 562
United States Court of Appeals for the Ninth CircuitMarch 14, 2005No. 02-71665California421 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Celio Moisés Perez-Huanea petitions for review of the Board of Immigration Appeals’ (BIA) decision affirming without opinion the oral decision of the immigration judge (IJ). The IJ denied Petitioner’s application for asylum and withholding of deportation. We deny the petition for review.

1. Substantial evidence supports the IJ’s adverse credibility determination. In his asylum application, Petitioner claimed persecution on the ground that Shining Path guerillas were attempting to recruit him. At the hearing before the IJ, however, Petitioner failed to testify regarding that recruitment effort and instead testified that the Shining Path had threatened his life because he was a “general brigadier” at his school in Azampapa Chilca, Peru. Discrepancies regarding the alleged ground of persecution “ ‘involve[ ] the heart of the asylum claim’ and support the negative credibility finding.” De Leon-Barrios v. INS, 116 F.3d 391 , 393-94 (9th Cir.1997) (quoting Ceballos-Castillo v. INS, 904 F.2d 519, 520 (9th Cir.1990)). Accordingly, the IJ permissibly discredited Petitioner’s testimony.

2. Even if deemed credible, Petitioner’s testimony fails to establish his…

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