Summary
The United States Court of Appeals for the Eighth Circuit reviewed Zoila Deras Garcia's petition challenging the Board of Immigration Appeals' dismissal of her appeal. The court held that substantial evidence supported the agency's adverse credibility determination and denied relief on her claims for asylum, withholding of removal, and protection under the Convention Against Torture.
Topics
Practice areas
Questions Presented
- Whether the agency's adverse credibility determination was supported by substantial evidence.
- Whether the adverse credibility determination and lack of corroborating evidence supported denial of asylum, withholding of removal, and CAT relief.
Holdings
- The agency's adverse credibility determination was supported by substantial evidence because Garcia gave numerous inconsistent and contradictory accounts concerning material aspects of her claim, and she failed to provide corroborating evidence.
- Garcia was not entitled to asylum, withholding of removal, or CAT relief because the agency's supported adverse credibility determination and the absence of corroborating evidence prevented her from establishing past persecution, a well-founded fear of future persecution, or the factual basis for relief.
Key quotations
“Under the substantial-evidence standard, we will affirm findings of fact unless “any reasonable adjudicator would be compelled to conclude to the contrary.”” (at 2)
“Because we find that the agency’s adverse credibility findings are supported by specific, cogent reasons for disbelief, we deny the petition for review.” (at 3)
Factual background
Garcia, a citizen of El Salvador, entered the United States without inspection on or about April 30, 2016, and sought protection based on alleged abuse by Carlos Alberto Alvarenga. She claimed membership in the particular social group of El Salvadoran women unable to leave a domestic relationship. Her testimony contained multiple inconsistencies concerning the beginning and duration of the relationship, the timing and frequency of abuse, the date of a rape, where she stayed after leaving Alvarenga, and whether Alvarenga located her afterward. Garcia was the sole witness and offered no corroborating evidence.
Procedural history
Garcia entered the United States without inspection and conceded removability in removal proceedings. The immigration judge denied asylum, withholding of removal, and CAT relief after finding her not credible based on numerous inconsistencies and the lack of corroborating evidence. The BIA affirmed, and the Eighth Circuit denied the petition for review.