Rodriguez-Mercado v. Lynch, No. 14-3559 (8th Cir. 2015)
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Petitioner, a citizen of Honduras, petitioned for review of the BIA's order denying her application for asylum, withholding of removal, and protection under the Convention
Against Torture (CAT). The BIA agreed with the IJ's finding that petitioner failed to sustain her burden to prove past or future persecution in light of the fact that she failed to provide credible testimony to support her claim. The court affirmed in light of the numerous contradictions and inconsistencies in petitioner's claim. The court concluded that it was proper use of demeanor to buttress an analysis that, as the BIA explained, satisfied the IJ’s obligation to provide specific and cogent reasons based on the record. Because petitioner failed to establish that she was a refugee under 8 U.S.C. 1101(a)(42), the IJ and BIA denied her application for asylum, withholding of removal, and CAT relief. The court concluded that there was no error. Therefore, the court denied the petition for review and the motion to remand.
Court Description: Loken, Author, with Benton and Shepherd, Circuit Judges] Petition for Review - Immigration. The numerous contradictions and inconsistencies in petitioner's evidence went to the heart of her claim, and the IJ did not err in finding her not credible; the IJ properly used claimant's demeanor to buttress an analysis that, as the BIA explained, satisfied the IJ's obligation to provide specific and cogent reasons to disbelieve claimant's testimony; claimant failed to prove past persecution and that she was a refugee under 8 U.S.C. Sec. 1101(a)(42), and the IJ and BIA did not err in denying her application for asylum, withholding of removal and CAT relief; motion for remand to the BIA to seek voluntary departure denied.
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