Rodriguez v. Immigration & Naturalization Service
Rodriguez v. Immigration & Naturalization Service
Opinion of the Court
MEMORANDUM
Carlos E. Rodriguez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“Board”) decision dismissing the appeal of the Immigration Judge’s denial of Rodriguez’s applications for asylum and withholding of deportation. The transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) apply to this appeal, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir. 1997), and we therefore have jurisdiction under 8 U.S.C. § 1105a(a), as amended by IIRIRA § 309(c), see Avetova-Elisseva v. INS, 213 F.3d 1192, 1195 n. 4 (9th Cir. 2000). We review for substantial evidence the Board’s credibility findings, and we will not reverse unless the evidence compels a contrary result. See Singh-Kaur v. INS, 183 F.3d 1147, 1150 (9th Cir. 1999); De Leon-Barrios v. INS, 116 F.3d 391, 393 (9th Cir. 1997). We deny the petition for review.
The Board determined that Rodriguez’s account of persecution he had suffered in Guatemala was not credible. The Board based this determination on discrepancies between Rodriguez’s testimony and his sworn asylum application. Because these discrepancies were significant, were related to the basis for his alleged fear of persecution, and were not
PETITION DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9 th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.