Manuel Morales Lopez v. Eric H. Holder Jr.

MEMORANDUM

Manuel Morales Lopez and Dora De-Leon Morales appeal from a decision by the Board of Immigration Appeals (“BIA”) upholding the Immigration Judge’s (“IJ”) denial of their application for asylum, withholding of removal, and protection under the Convention Against Torture. Their joint application rests on an attack Lopez claims he suffered in Guatemala. After identifying material inconsistencies between descriptions of the attack Lopez provided in his application, at his asylum interview, and at his merits hearing, the IJ determined that Lopez was not credible and denied both petitioners relief.

The IJ’s adverse credibility determination was supported by substantial evidence that Lopez testified inconsistently about events that formed the basis of the petitioners’ asylum claim. Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir.2011). The IJ provided Lopez the opportunity to explain his inconsistencies and addressed why his explanations were unpersuasive. Soto-Olarte v. Holder, 555 F.3d 1089, 1091-92 (9th Cir.2009). Lopez argues that the IJ placed too much weight on the absence of corroborating testimony from his brother, but even according this potential basis for an adverse…