Hernandez

Hernandez v. Holder

Good Law
314 F. App'x 961
United States Court of Appeals for the Ninth CircuitMarch 2, 2009No. 05-71647California252 words

Opinion

Lead Opinion

MEMORANDUM **

Cesar Hernandez and Matilde Velazquez de Hernandez, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s continuous physical presence determination, Lopez-Alvarado v. Ashcroft, 381 F.3d 847, 851 (9th Cir.2004), and we deny the petition for review.

Substantial evidence supports the IJ’s conclusion that Hernandez’ testimony was insufficient to establish the requisite continuous physical presence because his testimony lacked specificity concerning his first two years in the United States and was inconsistent with statements he made at his asylum interview. The supporting documents and testimony of two witnesses did not overcome the weaknesses in Hernandez’ testimony. See Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir.1999) (a contrary result is not compelled where there is “[t]he possibility of drawing two inconsistent conclusions from the evidence”).

Substantial evidence also supports the IJ’s conclusion that Velazquez de Hernandez’ testimony was…

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.