By Katharine Yale

On February 13, 2015 in Hernandez-Cea v. Holder, an unpublished civil opinion, the Court of Appeals for the Fourth Circuit affirmed an order of the Board of Immigration Appeals dismissing Plaintiff’s appeal, thereby denying her petition for review.

Plaintiff Appeals from Immigration Judge’s Denial of Requests in Removal Proceedings

During removal proceedings, a native and citizen of El Salvador, Xiomara Yamileth Hernandez-Cea (“Plaintiff”), requested asylum, withholding of removal, and protection under the Convention Against Torture. The immigration judge denied her requests and Plaintiff appealed to the Board of Immigration Appeals (the “Board”), where her appeal was dismissed.

Orders for Removal are Reviewed for Substantial Evidence and Administrative Findings of Fact are Conclusive

According to 8 U.S.C. § 1252(b)(4)(B), in reviewing an order for removal, “the administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” Additionally, the Fourth Circuit set out in Tewabe v. Gonzales that the reviewing court should defer to creditability findings that are supported by substantial evidence.

There was Substantial Evidence to Support the Board’s Adverse Credibility Findings

Here, the court found that its review of the record and all supporting evidence did not compel a ruling contrary to any of the administrative factual findings. Further, the court found that the Board’s adverse credibility findings and denial of protection under the Convention Against Torture were supported by substantial evidence.   A review of Plaintiff’s independent corroborating evidence did not necessitate a different result.

Petition for Review Denied

The Fourth Circuit affirmed the decision of the Board and thereby denied Plaintiff’s petition for review.

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