Munoz-Rivera v. Garland, No. 22-3124 (7th Cir. 2023)
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Munoz, a citizen of Honduras, moved to Guatemala but never acquired lawful status there. She entered into a relationship with Mazariegos, with whom she had two daughters. Mazariegos began a relationship with another woman, Oneida. Munoz and her children left Guatemala for the United States. She applied for asylum, 8 U.S.C. 1158(b)(1)(A), withholding of removal, section 1231(b)(3)(A), and relief under the Convention Against Torture. At her credible fear interview, Munoz stated that she was afraid of Oneida who had insulted and threatened her; she stated that she had not been physically harmed by anyone. She also stated that the police would protect her in Guatemala. She later claimed that she was the victim of domestic violence and asserted that the police would not help a foreigner. She feared the harassment would continue if she went to Honduras. She later changed her story and denied any physical violence but alleged kidnapping of her daughter.
The IJ held that Munoz’s testimony was not credible based on the cumulative effect of the inconsistent, vague, and evasive testimony, and thus she did not meet her burden under the REAL ID Act; documentary evidence did not rehabilitate her claim. The BIA affirmed, agreeing that the testimony was inconsistent, implausible, and vague, and ordered removal. The Seventh Circuit denied a petition for review, finding the denial of relief to be supported by substantial evidence.
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