Antonets

Antonets v. Holder

Good Law
356 F. App'x 921
United States Court of Appeals for the Ninth CircuitDecember 14, 2009No. 05-77348California372 words

Opinion

Lead Opinion

MEMORANDUM **

Vitaliy Antonets, a native of the former Soviet Union and citizen of Ukraine, petitions for review of the Board of Immigration Appeals’' order affirming an immigration judge’s (“U”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007), and we review de novo constitutional claims, Rivera v. Mukasey, 508 F.3d 1271, 1274-75 (9th Cir.2007). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the inconsistencies between An-tonets’ testimony and the Record of Sworn Statement in Proceedings as to his reasons for coming to the United States and whether he feared returning to Ukraine, see Li v. Ashcroft, 378 F.3d 959, 962-63 (9th Cir.2004) (sworn airport interview statement was a rehable impeachment source to support an adverse credibility finding), an inconsistency relating to Anto-nets’ hospital visits, see id. at 963 , and his inability to corroborate his membership in Vilnyy Shlyah,…

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