Rita Carrion Garcia v. Eric Holder, Jr.
2014 U.S. App. LEXIS 7062
| 9th Cir. | 2014Background
- Carrion Garcia, a Dominican Republic native, petitions for review of a BIA denial of withholding of removal and CAT relief.
- She suffered extreme domestic abuse by Ernesto Valdez beginning in late 2010, including threats and physical/sexual violence.
- She left the abuse in January 2011 and sought asylum after multiple failed attempts to enter the United States.
- She repeatedly lied about her identity and origin to U.S. officials, central to the adverse credibility finding.
- An IJ found her not credible; the BIA affirmed the denial of both withholding of removal and CAT relief; the court defers to these findings.
- Corroborating documents were deemed insufficient to rehabilitate her testimony, and CAT relief was denied on the record considered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adverse credibility as a basis for relief | Garcia asserts the IJ failed to fairly handle inconsistencies and context of abuse. | Holder contends substantial evidence supports the credibility finding. | upheld adverse credibility finding based on misrepresentations and equivocation. |
| Withholding of removal standard met given credibility | Garcia argues abuse shows future persecution on a protected ground. | Holder argues credibility defeat precludes likelihood of persecution. | denial of withholding affirmed due to lack of credible evidence. |
| CAT relief viability given credibility and evidence | Garcia contends independent evidence suffices despite credibility issues. | Holder notes no compelling independent evidence of torture specific to Garcia. | CAT relief denied; agency properly considered all evidence. |
| Consideration of corroborating evidence | Garcia claims documents rehabilitate her testimony. | Agency found corroborating documents insufficient without independent knowledge. | corroborating evidence insufficient to overcome credibility finding. |
| Scope of evidence review post-REAL ID Act | Court upholds deferential review of credibility and evidence under REAL ID Act. |
Key Cases Cited
- Shrestha v. Holder, 590 F.3d 1034 (9th Cir. 2010) (substantial evidence standard for credibility and review)
- Don v. Gonzales, 476 F.3d 738 (9th Cir. 2007) (prior dishonesty supports adverse credibility)
- Kebede v. Ashcroft, 366 F.3d 808 (9th Cir. 2004) (difficulties reporting abuse considered in credibility)
- Paramasamy v. Ashcroft, 295 F.3d 1047 (9th Cir. 2002) (difficulties faced by rape victims in reporting)
- Gui v. INS, 280 F.3d 1217 (9th Cir. 2002) (need for cogent reason in adverse credibility finding)
- Monjaraz-Munoz v. INS, 327 F.3d 892 (9th Cir. 2003) (deferential review of credibility determinations)
- Soto-Olarte v. Holder, 555 F.3d 1089 (9th Cir. 2009) (requirement to give opportunity to explain inconsistencies)
- Joseph v. Holder, 600 F.3d 1235 (9th Cir. 2010) (fair opportunity to clarify responses in questioning)
- Kamalthas v. INS, 251 F.3d 1279 (9th Cir. 2001) (CAT standard separate from asylum credibility)
- Almaghzar v. Gonzales, 457 F.3d 915 (9th Cir. 2006) (agency must consider all evidence; not require discussing each item)
- Cole v. Holder, 659 F.3d 762 (9th Cir. 2011) (BIA need not discuss every piece of evidence if overall review shows consideration)
- Al-Saher v. INS, 268 F.3d 1143 (9th Cir. 2001) (CAT evidence analysis separate from credibility)