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Keywords

torttestimonydeportationcredibility
tortjurisdictiondeportationcredibility

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Ruiz-Colmenares v. Garland

Facts

Juan Ruiz-Colmenares, a Mexican citizen, had illegally entered the United States multiple times and had been deported three times before expressing a fear of returning to Mexico during his fourth deportation proceeding. He claimed to have been robbed and assaulted by police officers in Mexico after each of his prior deportations, but his testimony was inconsistent and lacked corroborating evidence. The IJ found him not credible and denied his application for CAT relief.

Juan Ruiz-Colmenares (Petitioner) is a Mexican citizen who has illegally entered the United States multiple times, wherein he was convicted for a string of felonies. He has been deported back to Mexico three times. During the processing of his fourth deportation, Petitioner expressed (for the first time) a fear of returning to Mexico and alleged (also for the first time) that he had been robbed and assaulted by police officers in Mexico after each of his prior three deportations.

Issue

Did the agency err in denying Ruiz-Colmenares' application for deferral of removal under the Convention Against Torture based on an adverse credibility determination?

Did the agency err in denying Ruiz-Colmenares' application for deferral of removal under the Convention Against Torture based on an adverse credibility determination?

Rule

To qualify for deferral of removal under CAT, an applicant must show that they would 'more likely than not' be tortured if removed to their home country, and that the torture would be inflicted with government acquiescence. The agency's adverse credibility determination is reviewed for substantial evidence.

To qualify for deferral of removal under CAT, Petitioner had to show (1) that he would 'more likely than not' be tortured if removed to Mexico, and (2) that the torture would be inflicted with government acquiescence.

Analysis

The court applied the substantial evidence standard to review the IJ's adverse credibility determination, noting that the inconsistencies in Ruiz-Colmenares' testimony regarding the timing and nature of his alleged past harms undermined his credibility. The IJ's findings were supported by the totality of the evidence, including the lack of corroborating witnesses or documentation to substantiate his claims.

Substantial evidence supports the agency's adverse credibility determination. Layered on top of the deferential standard of review we apply to the review of immigration decisions, the REAL ID Act particularly restricts this court's review of an adverse credibility determination. And it gives wide latitude to the trier of fact in making credibility determinations, considering the totality of circumstances and all relevant factors, including: [T]he consistency between the applicant's . . . written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal consistency of each such statement, [and] the consistency of such statements with other evidence of record . . . , without regard to whether an inconsistency . . . goes to the heart of the applicant's claim, or any other relevant factor.

Conclusion

The Ninth Circuit upheld the IJ's decision, concluding that the adverse credibility determination was supported by substantial evidence and that Ruiz-Colmenares did not demonstrate a particularized risk of torture upon return to Mexico.

Pursuant to our jurisdiction under 8 U.S.C. 1252 , we deny the petition for review.

Who won?

The government prevailed in the case because the court found that the IJ's adverse credibility determination was supported by substantial evidence.

The government prevailed in the case because the court found that the IJ's adverse credibility determination was supported by substantial evidence.

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