Ayala-Quintana
Ayala-Quintana v. Gonzales
Opinion
Lead Opinion
MEMORANDUM **
Magdalena Lucia Ayala-Quintana, a native and citizen of Peru, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of deportation. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for substantial evidence, Chen *712 v. Ashcroft, 362 F.3d 611, 617 (9th Cir.2004), we deny in part and grant in part the petition for review.
Ayala-Quintana argues that pursuant to this court’s 2002 order, the BIA should have remanded- her case to the IJ for a new determination regarding her asylum claim. This argument is unpersuasive because nothing in this court’s 2002 order directed the BIA to reconsider the asylum claim.
Substantial evidence does not support the agency’s adverse credibility determination because it is based, in part, on minor inconsistencies that do not reveal anything about Ayala-Quintana’s fear of future persecution and do not go to the heart of her claim. See Mendoza Manimbao v. Ashcroft, 329 F.3d 655, 660 (9th Cir.2003). Moreover, Ayala-Quintana was not given an opportunity to explain some of the perceived…