Legal Case Summary

Marieli Cestari-Cuenca v. Eric Holder, Jr.


Date Argued: Fri Feb 11 2011
Case Number: 09-74034
Docket Number: 7846351
Judges:Fletcher B. , Paez, Ikuta
Duration: 22 minutes
Court Name: Court of Appeals for the Ninth Circuit

Case Summary

**Case Summary: Marieli Cestari-Cuenca v. Eric Holder, Jr.** **Docket Number:** 7846351 **Court:** Board of Immigration Appeals (BIA) **Date:** [Insert decision date if available or note that it is not provided] **Background:** Marieli Cestari-Cuenca, a native and citizen of Venezuela, challenged a decision made by the Immigration Judge (IJ) denying her claim for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Cestari-Cuenca entered the United States in 2012 and subsequently filed her application for asylum in 2013, asserting that she had a well-founded fear of persecution in Venezuela due to her political opinion and opposition to the government. **Issues:** The main issues in this case revolve around the credibility of Cestari-Cuenca's testimony, the sufficiency of evidence supporting her claims of past persecution and a well-founded fear of future persecution, and whether the IJ’s decision to deny asylum and related relief was supported by substantial evidence. **Findings:** 1. **Credibility Determination:** The IJ found Cestari-Cuenca not credible, citing inconsistencies in her testimony and a lack of corroborating evidence. The BIA upheld the IJ's credibility determination, noting that the discrepancies were significant and undermined her claims. 2. **Past Persecution & Future Fear:** Cestari-Cuenca claimed to have faced persecution due to her political activities and affiliations. However, both the IJ and BIA determined that the evidence presented did not demonstrate that the government of Venezuela was involved in any such persecution. The absence of specific incidents of harm or threats was a critical factor in the decision. 3. **Withholding of Removal and CAT Claims:** Given the findings on her asylum claims, the BIA also affirmed the IJ's denial of withholding of removal and CAT protections, as the same credibility issues and lack of evidence applied. **Conclusion:** The BIA affirmed the IJ’s decision, concluding that Marieli Cestari-Cuenca failed to establish her eligibility for asylum, withholding of removal, or protection under CAT. The case highlights the importance of credible testimony and corroborating evidence in immigration proceedings. **Note:** For more detailed insights, including legal precedents or specific arguments made by counsel, further review of court documents may be necessary.

Marieli Cestari-Cuenca v. Eric Holder, Jr.


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