Public-domain · open source
OpenJurist

362 F. App'x 703

Fernandes v. Holder

U.S. Courts of Appeals

Decided January 19, 2010

This page is marked noindex.

U.S. Courts of Appeals · decided 2010-01-19

Cited by 1 later decisions — most recently November 2012

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Farah v. Ashcroft · Chun He Li v. Ashcroft · Gui v. Immigration & Naturalization Service

Good law ✅— No negative treatment on recordhow we know

Decided 2010-01-19

View the full empirical analysis of this case →

¶1 MEMORANDUM

¶2 Santano Pio Férnandes, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying Fernandes’ applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review an adverse credibility determination for substantial evidence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). We deny the petition for review.

¶3 Substantial evidence supports the BIA’s adverse credibility determination because Fernandes testified inconsistently regarding the alleged confrontation between Hindu fundamentalists and Catholic protesters on June 10, 2000. Fernandes failed to provide a reasonable explanation for this inconsistency, and the inconsistency goes to the heart of his claim of persecution. See Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004). 1 In the absence of credible testimony, Fernandes failed to demonstrate eligibility for asylum or withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

¶4 Because Fernandes’ CAT claim is based on the same evidence that the BIA found not credible, and he points to no further evidence to show it is more likely than not he would be tortured if returned to India, his CAT claim fails. See id. at 1157.

¶5 PETITION FOR REVIEW DENIED.

¶6 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1

¶7 . Because we affirm the BIA’s adverse credibility ruling on the above ground, we do not address Fernandes' argument that the IJ erred in according full weight to the asylum officer's testimony.

/362/fappx/703 · .json · Public domain