Gramajo

Gramajo v. Holder

Good Law
519 F. App'x 443
United States Court of Appeals for the Ninth CircuitMay 20, 2013No. 11-72666California458 words

Opinion

Lead Opinion

MEMORANDUM **

Roberto Isaac de Leon Gramajo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of removal, relief under the Convention Against Torture (“CAT”), and cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings, including adverse credibility findings, Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on de Leon Gramajo’s admittedly false testimony related to his multiple departures from the United States to return to Guatemala and the inconsistencies regarding his age at the time of his claimed arrest in Guatemala. See Dhital v. Mukasey, 532 F.3d 1044, 1051 (9th Cir.2008) (affirming adverse credibility determination on the basis of petitioner’s “initial filing of a fraudulent asylum application, combined with his repetition of his fabricated narrative in his asylum interview and in his…

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