JAKELINE HERNANDEZ-PEREZ DE RI V. JEFFERSON SESSIONS, No. 12-73433 (9th Cir. 2017)
Annotate this Case
Download PDF
FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 31 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JAKELINE ESMERALDA HERNANDEZPEREZ DE RIVAS and JAKELINE YANETH RIVAS-HERNANDEZ, No. 12-73433 Agency Nos. A099-539-007 A099-539-008 Petitioners, MEMORANDUM* v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 24, 2017** Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON, Circuit Judges. Jakeline Esmeralda Hernandez-Perez de Rivas and Jakeline Yaneth Rivas- * 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). Hernandez, natives and citizens of El Salvador,1 petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for 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, 1039-40 (9th Cir. 2010). We deny the petition for review. Substantial evidence supports the agency’s adverse credibility determination based on Hernandez-Perez de Rivas’s inconsistent testimony regarding gang threats to her younger son, and the number of assailants involved in the shooting incident outside her home. See id. at 1048 (adverse credibility finding reasonable under the totality of the circumstances). Thus, in the absence of credible testimony, in this case, Hernandez-Perez de Rivas’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). Substantial evidence also supports the agency’s denial of CAT protection because Hernandez-Perez de Rivas failed to show it is more likely than not that she would be tortured by or with the consent or acquiescence of the government of El 1 On March 24, 2017, the court received a filing by Hernandez-Perez de Rivas with a statement that her daughter, Rivas-Hernandez, has been approved for DACA and that Hernandez Perez de Rivas wishes to proceed with the petition. 2 12-73433 Salvador. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008). PETITION FOR REVIEW DENIED. 3 12-73433
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
