Sharon Barona v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Sharon Barona v. Eric Holder, Jr., 592 F. App'x 638 (9th Cir. 2015)

Sharon Barona v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Sharon Julie Barona, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL . ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010). We deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility determination based on the inconsistent reasons Barona provided for the murder of her partner, and the inconsistency in the record regarding when Barona entered the United States. See ict at 1047-48 (inconsistency regarding underlying events supported adverse credibility determination; adverse credibility determination was reasonable under the REAL ID Act’s “totality of the circumstances” standard). The agency reasonably rejected Barona’s explanations for the inconsistencies. See Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir. 2007). In the absence of credible testimony, Barona’s withholding of removal claim fails. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Finally, substantial evidence supports the BIA’s denial of CAT relief because Barona failed to establish it is more likely than not that she would be tortured by or with the consent or acquiescence of the government if returned to Colombia. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).

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.

Reference

Full Case Name
Sharon Julie BARONA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished