Julio Urrutia Gavidia v. Eric H. Holder Jr. , 424 F. App'x 712 ( 2011 )

FILED
NOT FOR PUBLICATION MAR 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JULIO CESAR URRUTIA GAVIDIA, No. 08-71475
Petitioner, Agency No. A094-161-007
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Julio Cesar Urrutia Gavidia, a native and citizen of El Salvador, petitions pro
se for review of the Board of Immigration Appeals’ order dismissing his appeal
from an immigration judge’s decision denying his application for special rule
cancellation of removal under the Nicaraguan Adjustment and Central American
*
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).
Relief Act (“NACARA”). We have jurisdiction under 8 U.S.C. § 1252. We
review for substantial evidence the agency’s factual findings, and review de novo
constitutional claims and questions of law. Khan v. Holder, 584 F.3d 773, 776 (9th
Cir. 2009). We deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
where Urrutia Gavidia’s testimony was materially inconsistent with the statements
he made to the asylum officer during his NACARA interview concerning his
service with the civil defense unit (“CDU”) in El Salvador. See Li v. Ashcroft, 378
F.3d 959, 962-63 (9th Cir. 2004).
Substantial evidence also supports the agency’s determination that Urrutia
Gavidia assisted in the persecution of others on account of their political opinion
where he provided the names of suspected guerilla sympathizers to the local leader
of the CDU and as a result those individuals were beaten and killed. See Miranda
Alvarado v. Gonzales, 449 F.3d 915, 927-30 (9th Cir. 2006).
The agency therefore did not err in concluding that as a persecutor of others
Urrutia Gavidia was ineligible for special rule cancellation under NACARA, see
8 C.F.R. § 1240.66(a), and Temporary Protected Status, see 8 U.S.C.
§§ 1158(b)(2)(A)(i), 1254a(c)(2)(B)(ii).
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Urrutia Gavidia’s remaining contentions are unavailing. See Lata v. INS,
204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and substantial prejudice to
prevail on a due process claim).
PETITION FOR REVIEW DENIED.
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