Coloma Johnson v. Holder
March 30, 2010
**Credibility; persecution; nexus, pol.op. **
Substantial evidence supports the IJ’s adverse credibility finding based on inconsistencies and the fact that while Petitioner claimed he was afraid to return to Peru he did so twice during Fujimori’s regime, and he returned to the United States without applying for asylum because he was not interested. Also, assuming threatening phone calls occurred, the threats Petitioner described also appeared to be more consistent with threats made by narco-traffickers that Petitioner had arrested and testified against than by Grupo Colina. Petitioner also could not establish nexus as there was no evidence of Grupo Colina imputed a political opinion to him.Concurring, Thomas: The IJ’s adverse credibility finding was based on impermissible speculation, but substantial evidence supports the IJ’s alternative finding.
http://www.ca9.uscourts.gov/datastore/memoranda/2010/03/30/05-75880.pdf
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