Jose Aguilera Alonzo v. Merrick Garland
20-73069
| 9th Cir. | Mar 11, 2022Background
- Petitioner Jose Israel Aguilera Alonzo, a Honduran national, sought withholding of removal and protection under the CAT; an IJ denied relief and the BIA affirmed.
- The IJ and BIA found Petitioner not credible and that he failed to provide sufficient independent documentary corroboration.
- Petitioner’s opening brief made only a conclusory claim that the adverse credibility finding lacked substantial-evidence support; the Ninth Circuit treated that as forfeited.
- The Ninth Circuit reviews adverse credibility and other factual findings for substantial evidence and found no developed argument contesting the BIA’s factual findings.
- Because Petitioner lacked credible testimony and independent corroboration, the court held he failed to meet the burden for withholding of removal (clear probability of persecution) and for CAT protection (more likely than not tortured).
- The petition for review was denied; the court noted it lacked jurisdiction to consider an unexhausted asylum claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adverse credibility | IJ and BIA credibility findings not supported by substantial evidence | Findings are supported by the record; petitioner’s challenge is undeveloped | Forfeited; substantial evidence supports adverse credibility |
| Corroboration | Documentary evidence sufficed to corroborate claims | Evidence was inadequate to independently corroborate petitioner’s testimony | Forfeited/insufficient corroboration |
| Withholding of removal | Petitioner faces clear probability of future persecution | Petitioner failed to meet burden because testimony not credible and lacks corroboration | Denied; burden not met |
| CAT protection | Petitioner would more likely than not be tortured if returned | Same lack of credible testimony and corroboration defeats CAT claim | Denied; burden not met |
Key Cases Cited
- Garcia v. Holder, 749 F.3d 785 (9th Cir. 2014) (substantial-evidence review of adverse credibility and withholding denial)
- Martinez-Serrano v. INS, 94 F.3d 1256 (9th Cir. 1996) (issues without argument are deemed abandoned)
- Alvarez-Santos v. INS, 332 F.3d 1245 (9th Cir. 2003) (burden to show clear probability for withholding)
- Lanza v. Ashcroft, 389 F.3d 917 (9th Cir. 2004) (comparison of asylum and withholding standards)
- Castellano-Chacon v. INS, 341 F.3d 533 (6th Cir. 2003) (withholding requires higher probability than asylum)
- Barron v. Ashcroft, 358 F.3d 674 (9th Cir. 2004) (exhaustion requirement for judicial review)
- Ahmed v. Keisler, 504 F.3d 1183 (9th Cir. 2007) (burden for CAT protection)
- Kamalthas v. INS, 251 F.3d 1279 (9th Cir. 2001) (evidence standard for torture risk)