Ciolac

Ciolac v. Holder

Good Law
508 F. App'x 691
United States Court of Appeals for the Ninth CircuitFebruary 14, 2013No. 10-70771California458 words

Opinion

Lead Opinion

MEMORANDUM **

Vitali Ciolac, a native and citizen of Moldova, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determination created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on inconsistencies between Ciolac’s testimony at his merits hearing, statements he made at his asylum interview, and medical reports. See id. at 1048 (adverse credibility finding reasonable under totality of circumstances). The agency reasonably rejected Ciolac’s explanations for the inconsistencies. See Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir.2007). In the absence of credible testimony, Cio-lac’s asylum and withholding of removal claims fail. See…

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