Sierra-Cardona v. Holder (unpub)

Credibility; MTR/IAC

Sierra-Cardona claims that she was persecuted and tortured in Colombia on account of her homosexuality. However, the IJ determined that she was not credible because Sierra-Cardona testified that she was raped by military men for being a lesbian, but she neglected to mention this incident in her initial interview with an asylum officer and in her application. She only raised this claim a day before her hearing. It is not clear from the record that her lawyer was responsible for omitting this rape incident. She claimed that she was not being properly represented because there was confusion as to which of the two attorneys was actually representing her. Although the record indicates some early confusion on this issue, close to a year before the merits hearing she consented to one of the attorneys representing her. Sierra- Cardona further contends that her attorney was ineffective for failing to include her rape claim in her application and failing to timely submit documents to the IJ regarding said claim. The record does not reflect that any omission was attributable to counsel.

http://www.ca9.uscourts.gov/datastore/memoranda/2010/11/16/05-74740.pdf