Cabrera

Cabrera v. Gonzales

Good Law
177 F. App'x 543
United States Court of Appeals for the Ninth CircuitApril 10, 2006No. 04-75291California271 words

Opinion

Lead Opinion

MEMORANDUM **

Adolfo Advincula Cabrera, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal of the Immigration Judge’s (“IJ”) denial of his applications for asylum, withholding of deportation, and protection under the Convention Against Torture (“CAT”). We review for substantial evidence, Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000), and we deny the petition for review.

The BIA’s adverse credibility findings are supported by substantial evidence, as Cabrera testified inconsistently to events central to his claim. See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004). In addition, the BIA properly found that Cabrera failed to provide corroboration to support his claim. See Chebchoub v. INS, 257 F.3d 1038, 1045 (9th Cir.2001).

In the absence of credible evidence, Cabrera has failed to show eligibility for asylum or withholding of deportation. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). Because Cabrera’s claims under CAT are based on the same facts that the BIA found to be not credible, and Cabrera points to no other evidence the BIA should have considered, he has failed to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.