Reina Gonzales v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 15 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT REINA ELIZABETH GONZALES, No. 16-70692 Petitioner, Agency No. A205-339-974 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 23, 2017** Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges. Reina Elizabeth Gonzales, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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, 1039-1040 (9th Cir. 2010). We deny the petition for review. Substantial evidence supports the agency’s adverse credibility determination based on inconsistencies within Gonzales’s testimony as to where she was and whom she was with when her cousin was killed, whether the murder was reported to the police, and how many times she was threatened. See id. at 1048 (adverse credibility determination reasonable under the “totality of circumstances”). Gonzales’s explanations do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the absence of credible testimony, in this case, Gonzales’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). PETITION FOR REVIEW DENIED. 2 16-70692 16-70692 Court of Appeals for the Ninth Circuit ca9 9th Cir. Reina Gonzales v. Jefferson Sessions 15 November 2017 Agency Unpublished cfb7b83d4f0557545d96655d777c42b381804746

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals