Zulueta

Zulueta v. Gonzales

Good Law
158 F. App'x 856
United States Court of Appeals for the Ninth CircuitDecember 14, 2005No. 04-75006California270 words

Opinion

Lead Opinion

MEMORANDUM **

Luis Zulueta, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ decision, affirming and adopting an Immigration Judge’s order, denying his applications for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”) and voluntary departure. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . We review an adverse credibility determination for substantial evidence and reverse only if the evidence compels a contrary conclusion. Chebchoub v. INS, 257 F.3d 1038, 1042-43 (9th Cir.2001). We deny in part and dismiss in part the petition for review.

The agency found Zulueta not credible, in part because he testified inconsistently regarding whether members of the New Peoples Army continued to harass him after he reported an earlier attack to the police, a matter at the heart of his claim. See id. at 1043 (noting that one inconsistency is sufficient to uphold an adverse *857 credibility finding). Zulueta has not shown that the record compels a conclusion contrary to that reached by the agency. See id. at 1048 .

In the absence of credible testimony, Zulueta failed to demonstrate…

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