de Leon-Lopez v. Gonzales

Good Law
158 F. App'x 884
United States Court of Appeals for the Ninth CircuitDecember 15, 2005No. 04-74527; Agency No. A70-818-201California308 words

Opinion

Lead Opinion

MEMORANDUM **

Ester de Leon-Lopez, a native and citizen of Guatemala, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) summarily affirming an immigration judge’s (“IJ”) order denying her application for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence, see Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination because de Leon-Lopez’s testimony contradicted her asylum applications concerning significant details at the heart of her asylum claim. See id. at 1043 . For example, de Leon-Lopez testified that she had received three threatening letters 13 or 14 years earlier because of her son’s membership in the National Police. Yet in her asylum application, filed one year before her hearing, she stated that her son had been employed by the National Police for “the past 5 or 6 years.” Also, de Leon-Lopez testified that she had no subsequent problems in Guatemala, whereas she stated in her second asylum application…

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