Munoz-Rivera v. Garland

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 22-3124
Decision Date: 
August 24, 2023
Federal District: 
Petition for Review, Order of Board of Immigration Appeals
Holding: 
Affirmed

Record contained sufficient evidence to support IJ’s denial of petitioners’ applications for asylum, even though petitioners alleged that they were victims of domestic abuse in Guatemala. While one petitioner, who was mother of her two minor daughters who were also petitioners, testified that father of her two daughters and father’s mistress either physically abused her, threatened to kill her, or threatened to take her two daughters, petitioner also told official in initial interview shortly after coming to U.S. that she had not been physically abused by anyone, and that police in Guatemala would protect her. As such, I.J could properly find that petitioner’s testimony was not credible based on cumulative effect of inconsistent, vague and evasive testimony. Also, petitioner essentially waived any challenge on appeal with respect to I.J.’s credibility findings by failing to raise said issue in her brief before Ct. of Appeals. Ct. further noted that I.J.’s credibility findings were owed great deference, and that record did not otherwise support petitioner’s claim that she was credible.