Martinez-Recinos

Martinez-Recinos v. Gonzales

Good Law
185 F. App'x 676
United States Court of Appeals for the Ninth CircuitJune 19, 2006No. 05-70995California256 words

Opinion

Lead Opinion

MEMORANDUM **

Maura Ester Martinez-Recinos, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals affirming an immigration judge’s decision denying her application for asylum and withholding of removal. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . Reviewing for substantial evidence, Berroteran-Melendez v. INS, 955 F.2d 1251, 1256 (9th Cir.1992), we dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the agency’s factual determination that Martinez-Recinos is ineligible for asylum because her application was untimely. See Ramadan v. Gonzales, 427 F.3d 1218, 1221-22 (9th Cir.2005).

Substantial evidence supports the agency’s adverse credibility finding because significant discrepancies exist between Martinez-Recinos’ application and testimony. For example, Martinez-Recinos testified that guerrillas threatened her in connection with her employment and kidnapped her son. However, she did not include these central events in her application, which instead rests her claim to relief on her brother’s military involvement and her protests against the government. See…

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