Nicol v. INS ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
HENRIETTA LEANA NICOL,
Petitioner,
v.
No. 96-1810
U.S. IMMIGRATION&
NATURALIZATION SERVICE,
Respondent.
On Petition for Review of an Order
of the Board of Immigration Appeals.
(A71-795-237)
Submitted: March 31, 1997
Decided: April 25, 1997
Before HALL and WILLIAMS, Circuit Judges,
and PHILLIPS, Senior Circuit Judge.
_________________________________________________________________
Petition denied by unpublished per curiam opinion.
_________________________________________________________________
COUNSEL
Randall L. Johnson, Arlington, Virginia, for Petitioner. Frank W.
Hunger, Assistant Attorney General, David V. Bernal, Senior Litiga-
tion Counsel, Jane R. Gomez, Office of Immigration Litigation,
UNITED STATES DEPARTMENT OF JUSTICE, Washington,
D.C., for Respondent.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
_________________________________________________________________
OPINION
PER CURIAM:
Henrietta Leana Nicol petitions for review of a final order of the
Board of Immigration Appeals denying her application for asylum
and withholding of deportation. We deny the petition.
Nicol challenges the Immigration Judge's finding that she was not
credible based upon inconsistencies between her testimony and the
information she supplied in two applications for asylum. An
Immigra-
tion Judge's credibility determination is to be granted substantial
def-
erence and is reviewed under a substantial evidence standard. See
Figeroa v. INS, 886 F.2d 76, 78 (4th Cir. 1989) (stating that
Immigra-
tion Judge who rejects a witness' positive testimony based on a
lack
of credibility should offer specific reasons for disbelief). In
Nicol's
case, the Immigration Judge offered several concrete examples of
contradictions noted between Nicol's testimony and her asylum
appli-
cations which led to his conclusion that her testimony was not
credi-
ble. Nicol concedes these inconsistencies, but argues that she
explained them and that the Immigration Judge's determination that
she was not credible on the basis of these inconsistencies was a
"mis-
interpretation of the facts and law." In support of this argument,
Nicol
cites to two Ninth Circuit cases: Platero-Cortez v. INS, 804 F.2d
1127(9th Cir. 1986), and Damaize-Job v. INS, 787 F.2d 1332 (9th Cir.
1986). We find these cases to be distinguishable from Nicol's
factual
situation, and therefore unconvincing. Accordingly, we find no
reason
to reverse either the Immigration Judge's finding that Nicol was
not
credible or his subsequent denial of her request for asylum on that
basis. We therefore deny Nicol's petition. We dispense with oral
argument because the facts and legal contentions are adequately
pres-
ented in the materials before the court and argument would not aid
the
decisional process.
PETITION DENIED
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