Argueta-Lopez

Argueta-Lopez v. Holder

Good Law
314 F. App'x 924
United States Court of Appeals for the Ninth CircuitFebruary 13, 2009No. 05-71571California705 words

Opinion

Lead Opinion

MEMORANDUM ***

Oscar Argueta-Lopez (“Argueta-Lo-pez”), a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals affirming without opinion an Immigration Judge’s (“IJ”) denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We have jurisdiction pursuant to 8 U.S.C. § 1252 to consider the petition for review of the IJ’s denial of asylum and withholding of removal, and we deny the petition for review to that extent. We dismiss the CAT claims because we lack jurisdiction to consider them. The parties are familiar with the factual background, so we need not discuss all of the factual details here.

Where, as here, the BIA adopts and affirms the IJ’s findings and reasoning, we review the IJ’s decision as if it were that of the BIA. See Abebe v. Gonzales, 432 F.3d 1037, 1039 (9th Cir.2005). The IJ based the denial of asylum on an adverse credibility determination, and in the alternative, found that Argueta-Lopez was not persecuted based on a protected ground and that he could have relocated safely within Honduras. Because we uphold the adverse credibility determination, we need not address the…

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