Ramos-Clemente

MEMORANDUM **

Genaro Ramos-Clemente, a Mam Mayan and native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’s (BIA’s) decision affirming without opinion the Immigration Judge’s (IJ’s) decision denying Ramos’s application for asylum.

The BIA’s determination that an individual is not eligible for asylum is reviewed under the substantial evidence standard and must be upheld unless the evidence compels a contrary result. Acewicz v. INS, 984 F.2d 1056, 1061 (9th Cir.1993). Adverse credibility determinations are also reviewed under the substantial evidence standard. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). Because the BIA affirmed the IJ’s decision without opinion, the IJ’s decision is treated as that of the BIA. See Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir.1999).

The IJ found certain testimony by Ramos to be incredible. The IJ must articulate a legitimate basis for her adverse credibility determination by providing specific and cogent reasons for why she disbelieves the petitioner. Lopez-Reyes v. INS, 79 F.3d 908, 911 (9th Cir.1996). While the omission of details in an asylum application and minor inconsistencies which cannot be…