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Solis v. Garland

United States Court of Appeals, Eighth Circuit
Jul 29, 2022
No. 21-3804 (8th Cir. Jul. 29, 2022)

Opinion

21-3804

07-29-2022

Francisco Vicente Solis Petitioner v. Merrick B. Garland, Attorney General of the United States Respondent


Unpublished

Submitted: July 26, 2022

Petition for Review of an Order of the Board of Immigration Appeals

Before BENTON, SHEPHERD, and GRASZ, Circuit Judges.

PER CURIAM.

Guatemalan citizen Francisco Vicente Solis petitions for review of an order of the Board of Immigration Appeals (BIA). Having jurisdiction under 8 U.S.C. § 1252, this court denies the petition.

The BIA denied Solis's request for termination of the proceedings under Pereira v. Sessions, 138 S.Ct. 2105 (2018), and dismissed his appeal from the decision of an immigration judge denying him asylum, withholding of removal, and protection under the Convention Against Torture (CAT) based on an adverse credibility determination. Solis's challenge to the agency's jurisdiction over his removal proceedings is foreclosed by this court's precedent. See Ali v. Barr, 924 F.3d 983, 985-86 (8th Cir. 2019); see also Tino v. Garland, 13 F.4th 708, 709 n.2 (8th Cir. 2021) (per curiam). Furthermore, substantial evidence supports the adverse credibility determination. See Yu An Li v. Holder, 745 F.3d 336, 340 (8th Cir. 2014) (standard of review). The immigration judge provided specific, cogent reasons for the credibility determination, including that Solis failed to adequately explain inconsistencies in his statements or provide sufficient corroborating evidence. See Shazi v. Wilkinson, 988 F.3d 441, 450-51 (8th Cir. 2021); Kegeh v. Sessions, 865 F.3d 990, 995-97 (8th Cir. 2017); Ezeagwu v. Mukasey, 537 F.3d 836, 839-40 (8th Cir. 2008). This court discerns no error in the weight afforded to the asylum officer's credible-fear record. See Chavez-Castillo v. Holder, 771 F.3d 1081, 1083-84, 1085 (8th Cir. 2014); see also Diallo v. Sessions, 697 Fed.Appx. 472, 473 (8th Cir. 2017) (per curiam). Because Solis based his asylum, withholding of removal, and CAT claims on the same discredited testimony, the adverse credibility determination disposed of his claims. See Kegeh, 865 F.3d at 997.

The petition for review is denied. See 8th Cir. R. 47B.


Summaries of

Solis v. Garland

United States Court of Appeals, Eighth Circuit
Jul 29, 2022
No. 21-3804 (8th Cir. Jul. 29, 2022)
Case details for

Solis v. Garland

Case Details

Full title:Francisco Vicente Solis Petitioner v. Merrick B. Garland, Attorney General…

Court:United States Court of Appeals, Eighth Circuit

Date published: Jul 29, 2022

Citations

No. 21-3804 (8th Cir. Jul. 29, 2022)