Background
Christian Sarmiento-Romero and Eder Jose Sarmiento-Romero, natives and citizens of Honduras, petitioned for review of an order dismissing their appeal from an immigration judge’s denial of applications for asylum and withholding of removal. The immigration judge made an adverse credibility finding, which the Board of Immigration Appeals affirmed on clear error review.
The court’s reasoning
The court reviewed credibility determinations for substantial evidence, affording broad deference to the agency’s findings. The court concluded that the record evidence did not compel a ruling contrary to the administrative factual findings, including the adverse credibility finding. The court noted that omissions, inconsistent statements, contradictory evidence, and inherently improbable testimony are appropriate bases for adverse credibility determinations. Petitioners did not challenge the denial of protection under the Convention Against Torture or the finding of insufficient corroboration, thereby forfeiting these issues.
What it means going forward
The petition for review is denied, leaving the Board of Immigration Appeals order in place. The adverse credibility finding stands, and the denial of asylum and withholding of removal remains effective.