Pena-Montes v. Garland

Summary

**Pena-Montes v. Garland, 10th Cir. 2021 (unpublished)** – Immigration; withholding of removal; Convention Against Torture (CAT); credibility determination; substantial evidence standard. The Tenth Circuit denied a petition for review, holding that substantial evidence supported the immigration judge's adverse credibility finding based on inconsistencies between the petitioner's written declarations and hearing testimony, implausible accounts of a shooting, and lack of corroborating medical records. Because the credibility finding was conclusive, the court affirmed the denial of withholding of removal and CAT relief without reaching alternative grounds.

Holdings

1. Substantial evidence supports the IJ's adverse credibility finding because the inconsistencies and implausibilities in Petitioner's testimony, along with the lack of corroborating evidence, provide specific and cogent reasons for the finding.

Questions Presented

1. Whether substantial evidence supports the IJ's adverse credibility determination.

Disposition

affirmed