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torttestimonyasylumcredibility
tortappealasylumcredibility

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Silva-Pereira v. Lynch

Facts

Roberto Carlos Silva-Pereira, a Salvadoran citizen and former professional soccer player, became involved in Salvadoran politics and faced allegations of corruption, including money laundering and bribery. After his legislative immunity was revoked, he fled to the United States, where he sought asylum and other forms of relief. His claims were based on alleged threats and violence from Salvadoran officials, but he failed to report significant incidents in his asylum application, leading to questions about his credibility.

Silva reports that he became involved in Salvadoran politics in 2000, when he became a member of the Frente Farabundo Mart0ara la Liberaci�Nacional Party ('FMLN'). In 2006, however, Silva changed parties when he was elected a deputy to Congressman Gonzales [**4] Lovo, a member of the Partido de Conciliaci�Nacional ('PCN'). Silva testified that although some members of the FMLN resented his switch to the PCN, he thought both parties had a shared ideology opposing the then-ruling Alianza Republicana Nacionalista party ('ARENA'), which Silva believed to be corrupt.

Issue

Whether substantial evidence supports the BIA's determination that Silva-Pereira is ineligible for asylum and withholding of removal due to serious nonpolitical crimes and whether he qualifies for deferral of removal under the Convention Against Torture.

We must decide whether substantial evidence supports the determination of the Board of Immigration Appeals that this petitioner is ineligible for asylum and withholding of removal to Nicaragua and whether he qualifies for deferral of removal under the Convention Against Torture.

Rule

The court applies the REAL ID Act, which allows credibility determinations based on the totality of the circumstances, including the inherent plausibility of the applicant's account and the consistency of statements.

Considering the totality of the circumstances, and all relevant factors, a trier of fact may base a credibility determination on . . . the inherent plausibility of [*1185] the applicant's or witness's account, the consistency between the applicant's or witness's written and oral statements. . . , the internal consistency of each such statement . . . and any inaccuracies [**18] or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant's claim, or any other relevant factor.

Analysis

The court found that the BIA's determination was supported by substantial evidence, including Silva-Pereira's failure to disclose critical incidents of violence in his asylum application and inconsistencies in his testimony. The IJ's adverse credibility finding was upheld based on these omissions and the serious reasons to believe Silva-Pereira was involved in serious nonpolitical crimes.

In upholding the IJ's decision, the BIA first agreed with the IJ that Silva's failure to mention in his asylum application incidents of police violence that occurred outside the prison and at his home in his asylum application was a significant omission that justified an adverse credibility finding. Silva has pointed us to no evidence that compels a contrary conclusion.

Conclusion

The court affirmed the BIA's decision, denying Silva-Pereira's petition for review and upholding the findings that he was ineligible for asylum and withholding of removal.

The BIA thereafter dismissed Silva's appeal, largely adopting the reasoning of the IJ. The BIA agreed that there were serious reasons to believe that Silva was involved in the Guatemalan murders because the charging documents [**16] alleged specific facts and were likely the product of a genuine fight against corruption.

Who won?

The government prevailed in the case, as the court upheld the BIA's decision denying Silva-Pereira's applications for asylum and withholding of removal based on substantial evidence of his involvement in serious nonpolitical crimes.

The government prevailed in the case, as the court upheld the BIA's decision denying Silva-Pereira's applications for asylum and withholding of removal based on substantial evidence of his involvement in serious nonpolitical crimes.

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