Background
Petitioners Pablo Calderon Gomez, his wife, and their minor daughter are natives and citizens of Colombia. They sought asylum, withholding of removal, and protection under the Convention Against Torture. The Board of Immigration Appeals dismissed their appeal of an immigration judge’s denial, making an adverse credibility determination.
The court’s reasoning
The court reviewed the adverse credibility determination for substantial evidence. It found that the record supported the Board’s conclusion that the petitioners’ reasons for not reporting one incident to the police while later reporting another were inconsistent and implausible. The court noted that the testimony regarding the timing of a September 2022 event was inconsistent with the police report, creating a discrepancy between night and day. Additionally, the omission from the police report that paramilitary members shot the petitioners’ dog was probative of credibility, as it enhanced the severity of the alleged harm.
What it means going forward
The petition for review is denied, and the Board of Immigration Appeals’ decision stands. The petitioners’ motion for a stay of removal is also denied, though the temporary stay remains in place until the mandate issues.
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