Carrizo v. U.S. Attorney General
652 F.3d 1326
| 11th Cir. | 2011Background
- Carrizo is a native and citizen of Venezuela who entered the U.S. as a non-immigrant visitor on Nov 23, 2006, and was authorized to remain until May 22, 2007.
- On May 2, 2007 he applied for asylum, withholding of removal, and protection under the CAT.
- He claimed fear of returning to Venezuela due to his family's political ties to Accion Democratica and his mother's killing at a 2004 political rally by the National Guard.
- At the merits hearing, the IJ found Carrizo not credible, citing inconsistencies between his testimony, the asylum application, and documentary evidence, and denied relief.
- The BIA affirmed, agreeing there was no clear error in the credibility determination, and dismissed Carrizo's appeal.
- Carrizo petitions for review to challenge the BIA's credibility determination and the denial of relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether substantial evidence supports the credibility finding | Carrizo | Respondent | Yes; substantial evidence supports the adverse credibility ruling |
| Whether Carrizo established asylum or withholding of removal given the credibility finding | Carrizo argues credibility supports eligibility for relief | BIA/IJ found lack of credibility precludes relief | No; failure to establish credibility defeats eligibility for asylum and withholding |
| Whether the CAT claim was properly abandoned/reviewable | Carrizo sought CAT relief | CAT issue abandoned/appellate review not proper | Cat relief not reviewable; abandoned claim; no jurisdiction to review CAT denial |
Key Cases Cited
- Al Najjar v. Ashcroft, 257 F.3d 1262 (11th Cir. 2001) (clear standard for credibility determinations and burden in asylum cases)
- Forgue v. U.S. Att'y Gen., 401 F.3d 1282 (11th Cir. 2005) (adverse credibility findings require specific cogent reasons; substantial-evidence standard)
- Niftaliev v. U.S. Att'y Gen., 504 F.3d 1211 (11th Cir. 2007) (an alien's own testimony can suffice if believable and detailed)
- Todorovic v. U.S. Att'y Gen., 621 F.3d 1318 (11th Cir. 2010) (review standard: affirm unless evidence compels opposite conclusion)
- Elias-Zacarias (INS v. Elias-Zacarias), 502 U.S. 478 (U.S. 1992) (persecution on account of political opinion requires reasoning about persecutor vs. victim)
- Sepulveda v. U.S. Att'y Gen., 401 F.3d 1226 (11th Cir. 2005) (persecution standard and credibility considerations in asylum)