Arevalo-Cortez v. Lynch, No. 15-3084 (8th Cir. 2016)
Annotate this CasePetitioner, a citizen of Guatemala, seeks review of the BIA's decision affirming the IJ's denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The BIA found that the IJ did not clearly err in its findings of fact and provided cogent reasons for the IJ’s credibility determination. Even in light of petitioner's plausible explanations, based on the specific, cogent reasons identified by the IJ, the court concluded that a reasonable adjudicator could reach the same credibility determination as the IJ and BIA. Because petitioner provided the same evidence to support all three claims, and the evidence was insufficient to meet even the burden of proof required for asylum, her remaining claims also fail. Accordingly, the court denied the petition for review.
Court Description: Shepherd, Author, with Riley, Chief Judge, and Murphy, Circuit Judge] Petition for Review - Immigration. The IJ and the BIA's negative findings regarding petitioner's credibility were supported by specific, cogent reasons and substantial evidence supported the denial of asylum; petitioner's CAT claims and her request for withholding of removal were based on the same evidence, and were properly rejected.
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