Francisco Solis v. Merrick Garland ( 2022 )


Menu:
  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 21-3804
    ___________________________
    Francisco Vicente Solis
    Petitioner
    v.
    Merrick B. Garland, Attorney General of the United States
    Respondent
    ____________
    Petition for Review of an Order of the
    Board of Immigration Appeals
    ____________
    Submitted: July 26, 2022
    Filed: July 29, 2022
    [Unpublished]
    ____________
    Before BENTON, SHEPHERD, and GRASZ, Circuit Judges.
    ____________
    PER CURIAM.
    Guatemalan citizen Francisco Vicente Solis petitions for review of an order
    of the Board of Immigration Appeals (BIA). Having jurisdiction under 
    8 U.S.C. § 1252
    , this court denies the petition.
    The BIA denied Solis’s request for termination of the proceedings under
    Pereira v. Sessions, 
    138 S. Ct. 2105
     (2018), and dismissed his appeal from the
    decision of an immigration judge denying him asylum, withholding of removal, and
    protection under the Convention Against Torture (CAT) based on an adverse
    credibility determination. Solis’s challenge to the agency’s jurisdiction over his
    removal proceedings is foreclosed by this court’s precedent. See Ali v. Barr, 
    924 F.3d 983
    , 985-86 (8th Cir. 2019); see also Tino v. Garland, 
    13 F.4th 708
    , 709 n.2
    (8th Cir. 2021) (per curiam). Furthermore, substantial evidence supports the adverse
    credibility determination. See Yu An Li v. Holder, 
    745 F.3d 336
    , 340 (8th Cir. 2014)
    (standard of review). The immigration judge provided specific, cogent reasons for
    the credibility determination, including that Solis failed to adequately explain
    inconsistencies in his statements or provide sufficient corroborating evidence. See
    Shazi v. Wilkinson, 
    988 F.3d 441
    , 450-51 (8th Cir. 2021); Kegeh v. Sessions, 
    865 F.3d 990
    , 995-97 (8th Cir. 2017); Ezeagwu v. Mukasey, 
    537 F.3d 836
    , 839-40 (8th
    Cir. 2008). This court discerns no error in the weight afforded to the asylum officer’s
    credible-fear record. See Chavez-Castillo v. Holder, 
    771 F.3d 1081
    , 1083-84, 1085
    (8th Cir. 2014); see also Diallo v. Sessions, 
    697 Fed. Appx. 472
    , 473 (8th Cir. 2017)
    (per curiam). Because Solis based his asylum, withholding of removal, and CAT
    claims on the same discredited testimony, the adverse credibility determination
    disposed of his claims. See Kegeh, 865 F.3d at 997.
    The petition for review is denied. See 8th Cir. R. 47B.
    ______________________________
    -2-
    

Document Info

Docket Number: 21-3804

Filed Date: 7/29/2022

Precedential Status: Non-Precedential

Modified Date: 7/29/2022