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Zialcita v. Holder

United States Court of Appeals, Ninth Circuit
Nov 1, 2010
402 F. App'x 256 (9th Cir. 2010)

Opinion

No. 07-72986.

Submitted October 19, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 1, 2010.

Alison Dixon, Esquire, San Francisco, CA, for Petitioner.

OIL, M. Lee Quinn, Esquire, Emily Anne Radford, Esquire, DOJ-U.S. Department of Justice, Washington, DC, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A071-595-883.

Before: O'SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Elizabeth Pineda Zialcita, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals' order dismissing her appeal from an immigration judge's ("IJ") decision denying her 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, Rivera v. Mukasey, 508 F.3d 1271, 1274 (9th Cir. 2007), and we deny the petition for review.

Substantial evidence supports the agency's adverse credibility determination because Zialcita testified inconsistently concerning her level of political involvement and whether she was a member of a political party, and because Zialcita admitted she told the asylum officer she was not personally threatened with harm in the Philippines. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir. 2001) (inconsistencies related to basis for alleged fear of persecution go to the heart of the claim). The IJ reasonably found Zialcita's explanations for the inconsistencies unconvincing. See Rivera, 508 F.3d at 1275. In the absence of credible testimony, Zialcita failed to demonstrate eligibility for asylum or withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Because Zialcita's CAT claim is based on testimony the agency found not credible, and no other evidence in the record compels a finding that it is more likely than not she would be tortured if she returned to the Philippines, her CAT claim also fails. See id. at 1156-57.

PETITION FOR REVIEW DENIED.


Summaries of

Zialcita v. Holder

United States Court of Appeals, Ninth Circuit
Nov 1, 2010
402 F. App'x 256 (9th Cir. 2010)
Case details for

Zialcita v. Holder

Case Details

Full title:Elizabeth Pineda ZIALCITA, Petitioner, v. Eric H. HOLDER, Jr., Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 1, 2010

Citations

402 F. App'x 256 (9th Cir. 2010)