Tista-Hernandez

Tista-Hernandez v. Gonzales

Good Law
150 F. App'x 728
United States Court of Appeals for the Ninth CircuitOctober 19, 2005No. 04-72285California260 words

Opinion

Lead Opinion

MEMORANDUM **

Edwin Amilcar Tista-Hernandez, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming an immigration judge’s (“IJ”) denial of his application for asylum. 1 Reviewing for substantial evidence, see Kasnecovic v. *729 Gonzales, 400 F.3d 812, 813 (9th Cir. 2005), we deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination, which was adopted by the BIA. The IJ provided specific and cogent reasons for that determination, including Tista-Hernandez’s inability to identify the guerrilla group that he allegedly had assisted on a weekly basis, and an inconsistency between his hearing testimony and his declaration concerning the identity of an organization that had allegedly abducted him. These reasons go to the heart of Tista-Hernandez’s claims for relief, and therefore are sufficient to support the adverse credibility finding. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003) (upholding denial of asylum relief where IJ’s credibility findings “went to key elements of the asylum application, including identity [and] membership in a persecuted…

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