Mendoza

Mendoza v. Holder

Good Law
552 F. App'x 776
United States Court of Appeals for the Ninth CircuitJanuary 23, 2014Nos. 10-71256, 10-73076California666 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions for review, Marco Antonio Mendoza, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (Board) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT), as well as the Board’s order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, including adverse credibility determinations. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). We review for abuse of discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petitions for review.

Substantial evidence supports the agency’s adverse credibility determination based on the inconsistency between Mendoza’s asylum application, testimony, and interview with an asylum officer regarding whether he was ever subjected to harm by the National Police. See Chebchoub, 257 F.3d at 1042-43 . We reject Mendoza’s contention that the agency improperly relied on the asylum officer’s notes and testimony. See Li v.…

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