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73 F. App'x 301

Perez v. Ashcroft

U.S. Courts of Appeals

Decided August 20, 2003

U.S. Courts of Appeals · decided 2003-08-20

Applies 8 U.S.C. § 1105A (§ 106 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Ceballos-Castillo v. Immigration & Naturalization Service · Clarinda Tavu Valderrama v. Immigration and Naturalization Service

Decided 2003-08-20

¶1MEMORANDUM …

¶2Pascual Perez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ decision dismissing his appeal from the Immigration Judge’s decision denying his application for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a). We review credibility findings for substantial evidence. See Valderrama v. INS, 260 F.3d 1083, 1085 (9th Cir.2001). We deny the petition for review.

¶3Substantial evidence supports the adverse credibility finding because Perez failed to adequately explain the contradiction between his asylum application and his hearing testimony regarding whether it was the guerrillas or the military who mistreated him. See Ceballos-Castillo v. INS, 904 F.2d 519 (9th Cir.1990).

¶4Because Perez cannot meet the lower standard to demonstrate eligibility for asylum, he necessarily fails to show that he is entitled to withholding of deportation. See Valderrama, 260 F.3d at 1085.

¶5PETITION FOR REVIEW DENIED.

¶6 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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