Filed: May 12, 2014
Latest Update: Mar. 02, 2020
Summary: NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAY 12 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS PETREA STETCO, No. 10-72618 Petitioner, Agency No. A098-344-912 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 10, 2014** San Francisco, California Before: SCHROEDER and CALLAHAN, Circuit Judges, and PRATT, Senior District Judge.*** Petitioner, Petrea Stetco,
Summary: NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAY 12 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS PETREA STETCO, No. 10-72618 Petitioner, Agency No. A098-344-912 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 10, 2014** San Francisco, California Before: SCHROEDER and CALLAHAN, Circuit Judges, and PRATT, Senior District Judge.*** Petitioner, Petrea Stetco, ..
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NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAY 12 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
PETREA STETCO, No. 10-72618
Petitioner, Agency No. A098-344-912
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 10, 2014**
San Francisco, California
Before: SCHROEDER and CALLAHAN, Circuit Judges, and PRATT, Senior
District Judge.***
Petitioner, Petrea Stetco, is a Romanian citizen appealing the denial of his
applications for asylum, withholding of removal, and relief under the Convention
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Robert W. Pratt, Senior United States District Judge
for the Southern District of Iowa, sitting by designation.
Against Torture. Petitioner claims that he was subject to persecution on the basis
of his Pentecostal Christian faith and that he fears future persecution if returned to
Romania. The agency found him not credible.
Adverse credibility determinations are reviewed for substantial evidence and
will be upheld unless the evidence compels a different result. He v. Ashcroft,
328
F.3d 593, 595 (9th Cir. 2003). In a pre-REAL ID Act case, any inconsistency
supporting an adverse credibility determination must go to the heart of the claim.
Li v. Ashcroft,
378 F.3d 959, 962 (9th Cir. 2004).
The heart of Petitioner’s claim is that he was threatened and mistreated on
account of his Pentecostal faith. His prior Canadian petition, however,
inconsistently attributed the same threats and mistreatment to retaliation by the
Romanian mafia and former employees that he had supervised. The inconsistency
is sufficient to support the adverse credibility determination. There is no evidence
compelling a different conclusion.
DENIED.
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