U.S. Court of Appeals for the Ninth Circuit, 2011

Rufino Dominguez-Sanchez v. Eric H. Holder Jr.

Rufino Dominguez-Sanchez v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided May 5, 2011 · Rymer, Thomas, Paez
431 F. App'x 567

Rufino Dominguez-Sanchez v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Rufino Dominguez-Sanchez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Dhital v. Mukasey, 532 F.3d 1044, 1051 (9th Cir. 2008), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination because Dominguez-Sanchez admitted to lying about his identity for purposes of seeking asylum, obtaining a work permit, and in other interactions with government officials. See id. (affirming adverse credibility determination on the basis of petitioner’s “initial filing of a fraudulent asylum application, combined with his repetition of his fabricated narrative in his asylum interview and in his first hearing before the IJ”). Substantial evidence also supports the agency’s adverse credibility determination based upon the omission of the 1988 detention by guerillas from Dominguez-Sanchez’s original asylum application, see Li v. Ashcroft, 378 F.3d 959, 962-64 (9th Cir. 2004), and his failure to provide reasonable explanations for the omission, see Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir. 2007). In the absence of credible testimony, Dominguez-Sanchez’s claims for asylum and withholding of removal fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

PETITION FOR REVIEW DENIED.

**

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

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