Reyes

Reyes v. Mukasey

Good Law
305 F. App'x 326
United States Court of Appeals for the Ninth CircuitNovember 24, 2008No. 04-75438California489 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Luz Irene Milla Reyes, a native and citizen of Guatemala, petitions for review from a decision of the Board of Immigration Appeals (“BIA”), which denied Petitioner’s applications for asylum and withholding of removal.

1. We review de novo a due process claim. Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004). The immigration judge (“IJ”) did not violate Petitioner’s due process rights by declining to admit birth and death certificates that did not meet the requirements of 8 C.F.R. § 287.6 . Petitioner failed to have copies of the documents certified by a Foreign Service Officer of the United States stationed *328 in Guatemala, so the documents were inadmissible under 8 C.F.R. § 287.6 (b)(2). Petitioner further failed to authenticate the documents under another recognized procedure, and the excluded records were not material to the issues in this case in any event. Cf. Khan v. INS, 237 F.3d 1143, 1144 (9th Cir.2001) (per curiam).

1. We review the IJ’s adverse credibility finding, which the BIA adopted, for substantial evidence. Rivera v. Mukasey, 508 F.3d 1271, 1274 (9th Cir.2007). Petitioner’s testimony and applications contained inconsistencies…

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.