Gustavo Antonio Maravilla-Pineda, a citizen of El Salvador, entered the United States without valid documents around April 2014. He sought protection from removal by applying for asylum, withholding of removal, and protection under the Convention Against Torture, claiming he fled El Salvador due to threats from a gang targeting him because of his spouse's affiliation with the gang. An immigration judge denied his claims, making an adverse credibility determination that found inconsistencies in his testimony. The Board of Immigration Appeals affirmed the denial. Maravilla-Pineda petitioned the Ninth Circuit for review, arguing that the immigration judge had cherry-picked facts to undermine his claim and failed to properly address his obligation to provide corroborating evidence.
The panel reviewed the agency's factual findings for substantial evidence, a standard under which administrative findings are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary. The court acknowledged that the immigration judge erred by failing to provide Maravilla-Pineda notice and an opportunity to produce corroborative evidence before ruling against him on that specific ground. However, the court separated this procedural error from the rest of the credibility determination. The court found that substantial evidence supported the adverse credibility finding based on non-corroborative grounds alone. Specifically, the immigration judge identified multiple discrepancies in Maravilla-Pineda's testimony, including inconsistencies regarding who owned the pupusa stand the gang sought to extort, his work history, and the ability of police in El Salvador to protect him. Most significantly, the court noted two material inconsistencies: first, Maravilla-Pineda testified he was unfamiliar with a gang member named Juan Perez, contradicting his asylum affidavit where he stated he knew him from the neighborhood; second, he testified he was still married to his wife, which contradicted his sworn answers during a credible fear interview where he stated he was single. The court held that the immigration judge did not err in considering the credible fear interview transcript, as it was administered under oath and Maravilla-Pineda later confirmed his answers. Because the adverse credibility determination was supported by substantial evidence, the court concluded that Maravilla-Pineda failed to demonstrate eligibility for withholding of removal or asylum, as he offered no independent evidence to support his claims. Finally, regarding the Convention Against Torture claim, the court found substantial evidence supported the denial because the alleged gang threats were criminal acts without government acquiescence, and the alleged threats had been neutralized by the imprisonment of the gang members.
The petition is denied, leaving the Board of Immigration Appeals' order in place. Maravilla-Pineda remains subject to removal. The decision reinforces that even if an immigration judge makes a procedural error regarding corroboration, the adverse credibility determination can stand if supported by substantial evidence based on other inconsistencies in the petitioner's testimony. It also confirms that sworn statements made during credible fear interviews can be used to impeach a petitioner's credibility before an immigration judge.
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