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Perez v. Ashcroft

United States Court of Appeals, Ninth Circuit
Aug 20, 2003
73 F. App'x 301 (9th Cir. 2003)

Opinion


73 Fed.Appx. 301 (9th Cir. 2003) Pascual PEREZ, Petitioner, v. John ASHCROFT, Attorney General, Respondent. No. 02-71330. Agency No. A70-774-584. United States Court of Appeals, Ninth Circuit. August 20, 2003

Submitted August 11, 2003.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Alien petitioned for review of the denial of his application for asylum and withholding of deportation. The Court of Appeals held that substantial evidence supported adverse finding as to alien's credibility.

Petition denied.

Page 302.

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

Before SCHROEDER, Chief Judge, HAWKINS, and TASHIMA, Circuit Judges.

MEMORANDUM

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.

Pascual 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.

Substantial 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).

Because 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.

PETITION FOR REVIEW DENIED.


Summaries of

Perez v. Ashcroft

United States Court of Appeals, Ninth Circuit
Aug 20, 2003
73 F. App'x 301 (9th Cir. 2003)
Case details for

Perez v. Ashcroft

Case Details

Full title:Pascual PEREZ, Petitioner, v. John ASHCROFT, Attorney General, [*…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 20, 2003

Citations

73 F. App'x 301 (9th Cir. 2003)