Background
Petitioner Flor Idalma Andasol Servellon, a native of El Salvador, sought review of a Board of Immigration Appeals decision affirming an immigration judge’s denial of asylum, withholding of removal, and protection under the Convention Against Torture. The petitioner also sought relief for her son as a derivative applicant.
The court’s reasoning
The court applied the substantial evidence standard to review the Board’s factual findings. It found the Board’s adverse credibility determination supported by inconsistencies between the petitioner’s initial pro se application and her amended application prepared by counsel. The court noted omissions of threatening text messages and inconsistent testimony regarding the timeline of her relationship with her former partner. Without credible testimony, the petitioner failed to establish eligibility for asylum or withholding of removal. The court also affirmed the denial of Convention Against Torture protection as the petitioner provided no independent evidence of likely torture.
What it means going forward
The petition for review is denied, and the temporary stay of removal is lifted.