Marisol Martinez-Alvarado v. Eric Holder, Jr.

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UNPUBLISHED OPINION FILED. [10-60121 Affirmed ] Judge: EHJ , Judge: EGJ , Judge: LHS Mandate pull date is 02/14/2011 [10-60121]

Marisol Martinez-Alvarado :v. Eric Holder, Jr. Case 10-60121 Document: 00511331683

Page: 1 Date Filed: 12/23/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 10-60121 S u m m a r y Calendar December 23, 2010 Lyle W. Cayce Clerk

M A R I S O L ESMERALDA MARTINEZ-ALVARADO, P e titio n e r v. E R I C H. HOLDER, JR., U.S. ATTORNEY GENERAL, R espon dent

P e tit io n for Review of an Order of the B o a r d of Immigration Appeals B I A No. A098 951 345

B e fo r e JONES, Chief Judge, and JOLLY and SOUTHWICK, Circuit Judges. P E R CURIAM:* M a r is o l Esmeralda Martinez-Alvarado (Martinez), a native and citizen of E l Salvador, petitions this court for review of the decision of the Board of I m m ig r a t io n Appeals ("BIA") dismissing her appeal of an order of the im m ig r a t io n judge (IJ) denying her application for asylum, withholding of r e m o v a l, and relief under the Convention Against Torture (CAT). Martinez's a p p lic a t io n for relief was denied based on the adverse credibility determinations r e a c h e d by the IJ and the BIA.
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
*

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Case: 10-60121 Document: 00511331683 Page: 2 Date Filed: 12/23/2010 No. 10-60121 M a r t in e z argues that she established the requisite well-founded fear of fu t u r e persecution based on her testimony that she was kidnaped and raped by g a n g members, who held her for four months and released her only when M a r t in e z 's family paid ransom. She asserts that due to her youth and the ability o f her family to pay ransom demands, she will again be a target for gang e x p lo it a t io n if she is forced to return to El Salvador. W e review an immigration court's findings of fact for substantial evidence, a n d we "may reverse a decision on a factual finding only when the evidence c o m p e ls us to do so." Zhu v. Gonzales, 493 F.3d 588, 594 (5th Cir. 2007). Among t h e findings of fact that we review for substantial evidence is an immigration c o u r t's conclusion that an alien is not eligible for asylum, withholding of r e m o v a l, or relief under the CAT. Zhang v. Gonzales, 432 F.3d 339, 344-45 (5th C ir . 2005). P u r s u a n t to the REAL ID Act of 2005, "an IJ may rely on any in c o n s is t e n c y or omission in making an adverse credibility determination as long a s the `totality of the circumstances' establishes that an asylum applicant is not c r e d ib l e . " Wang v. Holder, 569 F.3d 531, 538 (5th Cir. 2009) (quotation and c it a t io n omitted); see also 8 U.S.C. § 1158(b)(1)(B)(iii). We will "defer therefore t o an IJ's credibility determination unless, from the totality of the circumstances, it is plain that no reasonable fact-finder could make such an adverse credibility r u lin g . " Wang, 569 F.3d at 538 (internal quotation and citation omitted).

T h e r e were inconsistencies between Martinez's oral testimony and her w r it t e n asylum application. Martinez testified regarding her four-month

d e t e n t io n and sexual abuse by gang members, but this significant event was not m e n tio n e d in her asylum application. Martinez also gave inconsistent testimony r e g a r d in g the time frame in which she was kidnaped and held in captivity and a n incident in which her niece was shot by gang members. Martinez failed to p r o v id e corroborative evidence, such as copies of police reports regarding her fa m ily 's numerous complaints to police, that might have lent credence to her 2

Case: 10-60121 Document: 00511331683 Page: 3 Date Filed: 12/23/2010 No. 10-60121 a c c o u n t of persecution. The IJ and the BIA noted these considerations in

d e t e r m in in g that Martinez's testimony was not credible. M a r t in e z has provided no basis for setting aside the agency's adverse c r e d ib ilit y determination. Because the credibility determinations of the IJ and t h e BIA are supported by substantial evidence, we will not disturb them. See W a n g , 569 F.3d at 540. M a r t in e z 's asylum, withholding, and CAT claims were all based on her a s s e r t i o n that she was in danger of being harmed by a gang in El Salvador. B e c a u s e the agency's adverse credibility determination regarding Martinez's c la im s withstands review, it follows that the decision to deny relief is supported b y substantial evidence. See Zhang, 432 F.3d at 344-45. Accordingly, Martinez's p e t it io n for review is DENIED.

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