97 Cal. Daily Op. Serv. 4551, 97 Daily Journal D.A.R. 7564 Edgar Octaviano De Leon-Barrios Lili Villagrana Edgar De Leon Gerson De Leon v. Immigr. & Naturalization Serv., 116 F.3d 391 (9th Cir. 1997). · Go Syfert
97 Cal. Daily Op. Serv. 4551, 97 Daily Journal D.A.R. 7564 Edgar Octaviano De Leon-Barrios Lili Villagrana Edgar De Leon Gerson De Leon v. Immigr. & Naturalization Serv., 116 F.3d 391 (9th Cir. 1997). Cases Citing This Book View Copy Cite
“because the petitioners failed to satisfy the standard for asylum, they necessarily failed to satisfy the more rigorous standard for withholding of deportation.”
435 citation events (368 in the last 25 years) across 7 distinct courts.
Strongest positive: Htet v. Holder (ca9, 2010-08-23)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Htet v. Holder (2×) also: Cited "see"
9th Cir. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
generally, minor inconsistencies and minor omissions relating to unimportant facts will not support an adverse credibility finding.
discussed Cited as authority (quoted) Ahmad Nawaz v. Merrick Garland
9th Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
because the petitioners failed to satisfy the standard for asylum, they necessarily failed to satisfy the more rigorous standard for withholding of deportation.
discussed Cited as authority (rule) Molina-Diaz v. Rosen
1st Cir. · 2021 · confidence medium
App'x 4, 8 (1st Cir. 2006) (quoting de Leon- Barrios v. INS, 116 F.3d, 391 394 (9th Cir. 1997)), and thus, that - 9 - the immigration judge's mention of her "serious doubts" as to Molina's credibility sufficed.
discussed Cited as authority (rule) Poghosyan v. Holder
9th Cir. · 2012 · confidence medium
Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir. 2003) (referencing de Leon Barrios v. INS, 116 F.3d 391, 393 (9th Cir. 1997) and Pal v. INS, 204 F.3d 935, 938 (9th Cir. 2000)).3 Poghosyan has not met her burden of showing that the adverse credibility determination was not based on serious inconsistencies that go to the heart of her application for asylum.
discussed Cited as authority (rule) Valdez v. Mukasey (2×) also: Cited "see, e.g."
9th Cir. · 2007 · confidence medium
Id. at 393.
cited Cited as authority (rule) Boutou v. Gonzales
10th Cir. · 2006 · confidence medium
In de Leon-Barrios, the Ninth Circuit was faced with inconsistencies that "involved the heart of the asylum claim." de Leon-Barrios, 116 F.3d at 394 (quotation omitted).
cited Cited as authority (rule) Boutou v. Gonzales
10th Cir. · 2006 · confidence medium
Boutou points 2 In de Leon-Barrios, the Ninth Circuit was faced with inconsistencies that “involved the heart of the asylum claim.” de Leon-Barrios, 116 F.3d at 394 (quotation omitted).
cited Cited as authority (rule) Cami v. Gonzales
9th Cir. · 2006 · confidence medium
In that area, however, we have added that the determination “ ‘must be supported by a specific, cogent reason.’ ” de Leon-Barrios, 116 F.3d at 393; see also Gui, 280 F.3d at 1225 .
cited Cited as authority (rule) Cami v. Gonzales
9th Cir. · 2006 · confidence medium
In that area, however, we have added that the determination “ ‘must be supported by a specific, cogent reason.’ ” de Leon-Barrios, 116 F.3d at 393; see also Gui, 280 F.3d at 1225 .
discussed Cited as authority (rule) Avetisyan v. Gonzales
9th Cir. · 2005 · confidence medium
In that area, however, we have added that the determination “must be supported by a specific, cogent reason.” de Leon-Barrios, 116 F.3d at 393 (internal quotation marks omitted); see also Chun He Li, 378 F.3d at 962 .
discussed Cited as authority (rule) Qureshi v. Gonzales (2×)
9th Cir. · 2005 · confidence medium
See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004); de Leor-Barrios v. INS, 116 F.3d 391, 393 (9th Cir.1997).
discussed Cited as authority (rule) Mahmood v. Gonzales
9th Cir. · 2005 · confidence medium
In that area, however, we have added that the determination “must be supported by a specific, cogent reason.” de Leon-Barrios, 116 F.3d at 393 (internal quotation marks omitted); see also Li, 378 F.3d at 962 .
cited Cited as authority (rule) Cite-Rodriguez v. Gonzales
9th Cir. · 2005 · confidence medium
See Vera-Villegas v. INS, 330 F.3d 1222, 1230-31 (9th Cir. 2003); de Leon-Barrios, 116 F.3d at 393-4; Lopez-Reyes v. INS, 79 F.3d 908, 911-912 (9th Cir.1996).
discussed Cited as authority (rule) Kaur v. Gonzales
9th Cir. · 2005 · confidence medium
See Farah, 348 F.3d at 1156 (eligibility for asylum depends on the credible establishment of identity); De Leon-Barris v. INS, 116 F.3d 391, 393-94 (9th Cir.1997) (inconsistencies must go to “the heart of the asylum claim” to be an adequate basis for an adverse credibility finding).
discussed Cited as authority (rule) Wala v. Ashcroft
9th Cir. · 2004 · confidence medium
While credibility determinations are judged by the same deferential substantial evidence standard, see Kebede, 366 F.3d at 810-11 ; Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002); Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000); de Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997), those determinations “ ‘must be supported by a specific, cogent reason.’ ” de Leon-Barrios, 116 F.3d at 393 (citation omitted); see also Gui, 280 F.3d at 1225 .
examined Cited as authority (rule) Hakhverdian v. Ashcroft (3×) also: Cited "see, e.g."
9th Cir. · 2004 · confidence medium
While credibility determinations are judged by the same deferential substantial evidence standard, see Kebede, 366 F.3d at 810-11 ; Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002); Cordon-Garcia, 204 F.3d at 990; de Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997), those determinations “‘must be supported by a specific, cogent reason.’ ” de Leon-Barrios, 116 F.3d at 393 (citation omitted); see also Gui, 280 F.3d at 1225 .
examined Cited as authority (rule) Shengwan Quan v. Ashcroft (3×) also: Cited "see, e.g."
9th Cir. · 2004 · confidence medium
While credibility determinations are judged by the same deferential substantial evidence standard, see Kebede, 366 F.3d at 810-11 ; Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002); Cordon-Garcia v. INS, 204 F.3d 985, 990 (9th Cir.2000); de Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997), those determinations “ ‘must be supported by a specific, cogent reason.’ ” de Leon-Barrios, 116 F.3d at 393 (citation omitted); see also Gui, 280 F.3d at 1225 .
cited Cited as authority (rule) De Herrera v. Ashcroft
9th Cir. · 2004 · confidence medium
These omissions are not minor and “relate to the basis for [the] alleged fear of persecution.” Leon -Barrios, 116 F.3d at 393.
discussed Cited as authority (rule) Sead Pilica v. John Ashcroft
6th Cir. · 2004 · confidence medium
At most, they cast, as found by the IJ, grave doubt upon Pilica’s overall credibility since, even at its most favorable, Pilica’s live testimony did not measure up to the claims made in his asylum re *954 quests. 14 Cf. Octaviano De Leon-Barrios v. INS, 116 F.3d 391, 393-94 (9th Cir.1997) (finding that discrepancies between two asylum applications “involved the heart of the asylum claim” and therefore supported a negative credibility finding) (quoting Ceballos-Castillo v. INS, 904 F.2d 519, 520 (9th Cir.1990)).
cited Cited as authority (rule) Barnut v. Ashcroft
9th Cir. · 2004 · confidence medium
However, we have added that the determination “ ‘must be supported by a specific, cogent reason.’ ” de Leon-Barrios, 116 F.3d at 393; see also Gui, 280 F.3d at 1225 .
discussed Cited as authority (rule) Chun He Li v. John Ashcroft, Attorney General
9th Cir. · 2004 · confidence medium
We reminded the BIA: Although we review an adverse credibility finding under the deferential “substantial evidence” standard, He v. Ashcroft, 328 F.3d 593, 595 (9th Cir.2003); Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003), such a finding “must be supported by a specific, cogent reason.” de Lean-Barrios v. INS, 116 F.3d 391, 393 (9th Cir.1997) (quoting Berroteran-Melendez v. INS, 955 F.2d 1251, 1256 (9th Cir.1992)).
discussed Cited as authority (rule) Seble Kebede v. John Ashcroft, Attorney General
9th Cir. · 2004 · confidence medium
Although we review an adverse credibility finding under the deferential “substantial evidence” standard, He v. Ashcroft, 328 F.3d 593, 595 (9th Cir.2003); Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.2003), such a finding “must be supported by a specific, cogent reason.” De LeonBarrios v. INS, 116 F.3d 391, 393 (9th Cir.1997) (quoting Berroteran-Melendez v. *811 INS, 955 F.2d 1251, 1256 (9th Cir.1992)).
cited Cited as authority (rule) Al Badwan v. Ashcroft
9th Cir. · 2004 · confidence medium
In that area, however, we have added that the determination “ ‘must be supported by a specific, cogent reason.’ ” de Leon-Barrios, 116 F.3d at 393 (citation omitted); see also Gui, 280 F.3d at 1225 .
discussed Cited as authority (rule) Kaur v. Ashcroft
9th Cir. · 2004 · confidence medium
In that area, however, we have added that the determination “ ‘must be supported by a specific, cogent reason.’ ” de Leon-Barr ios, 116 F.3d at 393 (citation omitted); see also Gui, 280 F.3d at 1225 .
discussed Cited as authority (rule) Hernandez Galicia v. Ashcroft
9th Cir. · 2004 · confidence medium
In that area, however, we have added that the determination “ ‘must be supported by a specific, cogent reason.’ ” de Leon-Barri os, 116 F.3d at 393 (citation omitted); see also Gui, 280 F.3d at 1225 .
discussed Cited as authority (rule) Capric, Saleh v. Ashcroft, John (2×) also: Cited "see, e.g."
7th Cir. · 2004 · confidence medium
At least four of the inconsistencies go to the heart of Capric’s claim. de Leon- Barrios v. INS, 116 F.3d 391, 393-94 (9th Cir. 1997) (reasoning that minor inconsistencies or omissions will not support an adverse credibility finding, but discrep- 7 Capric referred to a particular passage from the Profile that stated “[p]erhaps because of poverty and unemployment, ethnic Albanians from the Balkans are often alleged to be disproportion- ately involved with drug running, crime, and people smuggling.” (A.R. 208.) No. 02-3172 19 ancies involving the “heart of the asylum claim” do (quot- i…
examined Cited as authority (rule) Sasetharan Arulampalam v. John Ashcroft, Attorney General (4×) also: Cited "see"
9th Cir. · 2003 · confidence medium
In that area, however, we have added that the determination "`must be supported by a specific, cogent reason.'" de Leon-Barrios, 116 F.3d at 393 (citation omitted); see also Gui, 280 F.3d at 1225 ; Akinmade v. INS, 196 F.3d 951, 954 (9th Cir.1999). 110 Here Arulampalam's claim failed because the BIA, in reliance on the IJ's decision, determined that Arulampalam was not credible.
discussed Cited as authority (rule) Selvaratnam v. Ashcroft (2×) also: Cited "see"
9th Cir. · 2003 · confidence medium
In that area, however, we have added that the determination “ ‘must be supported by a specific, cogent reason.’ ” de Leon-Barrios, 116 F.3d at 393 (citation omitted); see also Gui, 280 F.3d at 1225 ; Akinmade v. INS, 196 F.3d 951, 954 (9th Cir.1999).
cited Cited as authority (rule) Masood v. Ashcroft
9th Cir. · 2003 · confidence medium
Leon-Barrios, 116 F.3d at 394. . 8 U.S.C. § 1254 (a)(1) (1996). .
cited Cited as authority (rule) Gurmeet Singh Malhi, AKA Parpal Singh Malli Davinder Singh v. Immigration and Naturalization Service
9th Cir. · 2003 · confidence medium
See Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001); De Leon Barrios v. INS, 116 F.3d 391, 393 (9th Cir.1997).
discussed Cited as authority (rule) Lucio Ricardo Alvarez-Santos, AKA Luciano Ricardo Alvarez AKA Lucio Ricardo Alvarez v. Immigration and Naturalization Service
9th Cir. · 2003 · confidence medium
See § 1231(b)(3)(A) (“the Attorney General may not remove an alien to a country if the Attorney General decides that the alien’s life or freedom would be threatened in that country”); de Leon-Barrios, 116 F.3d at 394 (the standard for withholding of removal is “more rigorous” than standard for asylum); Ghaly, 58 F.3d at 1429 (withholding of removal requires showing “clear probability of persecution”).
examined Cited as authority (rule) Baljit Singh v. John Ashcroft, Attorney General (4×)
9th Cir. · 2002 · confidence medium
See Chebchoub, 257 F.3d at 1042 ; De Leon-Barrios, 116 F.3d at 393. 28 The BIA conducted an independent review of the record in this case and made an adverse credibility determination "supported by reasonable, substantial, and probative evidence." Valderrama, 260 F.3d at 1085 .
examined Cited as authority (rule) Sarian-Anjelia v. Ashcroft (3×) also: Cited "see"
9th Cir. · 2002 · confidence medium
In that area, however, we have added that the determination “‘must be supported by a specific, cogent reason.’ ” de Leon-Barrios, 116 F.3d at 393 (citation omitted); see also Gui, 280 F.3d at 1225 ; Akinmade v. INS, 196 F.3d 951, 954 (9th Cir.1999).
discussed Cited as authority (rule) Carrasco-Humanani v. Immigration & Naturalization Service (2×) also: Cited "see"
9th Cir. · 2001 · confidence medium
These inconsistencies “involved the heart of the asylum claim,” and thus constitute “specific, cogent, reason[s]” for an adverse credibility finding, de Leon-Barrios, 116 F.3d at 393-94.
discussed Cited as authority (rule) Abderrahman Chebchoub v. Immigration and Naturalization Service
9th Cir. · 2001 · confidence medium
Although only one inconsistency can be sufficient, here at least two of the inconsistencies cited by the Board are not minor as they “relate to the basis for his alleged fear of persecution,” id. at 393-94, and go to “the heart of [his] asylum claim.” Ceballos-Castillo v. INS, 904 F.2d 519, 520 (9th Cir.1990): his testimony about the events leading up to his departure and the number of times he was arrested.
examined Cited as authority (rule) Iqbal v. Immigration & Naturalization Service (4×) also: Cited "see"
9th Cir. · 2001 · confidence medium
Because Iqbal failed to qualify for asylum, he “necessarily failed to satisfy the more rigorous standard for withholding of deportation.” See id. at 394.
cited Cited as authority (rule) Vorobieva v. INS
10th Cir. · 1999 · confidence medium
Leon-Barrios , 116 F.3d at 394 (quotations omitted).
discussed Cited as authority (rule) Domingo Matias v. Immigration and Naturalization Service
9th Cir. · 1998 · confidence medium
Substantial evidence supports this credibility determination, see de Leon Barrios v. INS, 116 F.3d 391, 393 (9th Cir.1997), and the BIA's and IJ's resulting conclusion that Matias failed to establish eligibility for asylum, see Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997).
discussed Cited as authority (rule) Mohammed Elboukili v. Immigration & Naturalization Service (2×) also: Cited "see"
10th Cir. · 1997 · confidence medium
Id. at 394.
discussed Cited as authority (rule) Elboukili v. INS (2×) also: Cited "see"
10th Cir. · 1997 · confidence medium
Id. at 394.
cited Cited "see" Yeremi Garcia-Quezada v. Merrick Garland
9th Cir. · 2023 · signal: see · confidence high
See de Leon-Barrios v. INS, 116 F.3d 391 , 394 (9th Cir. 1997).
discussed Cited "see" Cornelius Sierhuis v. Loretta E. Lynch
9th Cir. · 2015 · signal: see · confidence high
See de Leon-Barrios v. INS, 116 F.3d 391 , 394 (9th Cir.1997) (adverse credibility determination supported by specific, cogent reasons); Vargas-Henandez v. Gonzales, 497 F.3d 919, 926-27 (9th Cir.2007) (“Where an alien is given a full and fair opportunity to be represented by counsel, to prepare an application for ... relief, and to present testimony and other evidence in support of the application, he or she has been provided with due process.”).
cited Cited "see" Karine Stepanian v. Eric Holder, Jr.
9th Cir. · 2015 · signal: see · confidence high
See de Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997) (“[M]inor inconsistencies and minor omissions relating to unimportant facts will not support an adverse credibility finding.”).
discussed Cited "see" Gurinderpal Setia v. Eric Holder, Jr. (2×)
9th Cir. · 2014 · signal: see · confidence high
See De Leon-Barrios v. INS, 116 F.3d 391 , 394 (9th Cir.1997).
discussed Cited "see" Orantes-Barrera v. Holder
9th Cir. · 2012 · signal: see · confidence high
See de Leon-Barrios v. INS, 116 F.3d 391 , 394 (9th Cir.1997) (stating that although an adverse credibility finding does not require the recitation of unique or particular words, it must be explicit).
cited Cited "see" Jameel v. Holder
9th Cir. · 2012 · signal: see · confidence high
See de Leon-Barrios v. INS, 116 F.3d 391 , 393 (9th Cir.1997).
cited Cited "see" Edgar Garcia Morales v. Eric H. Holder Jr.
9th Cir. · 2012 · signal: see · confidence high
See Leon-Barrios v. INS, 116 F.3d 391 , 393-94 (9th Cir.1997).
cited Cited "see" Rizvi v. Holder
9th Cir. · 2010 · signal: see · confidence high
See de Leon-Barrios, 116 F.3d at 394.
cited Cited "see" Karamyan v. Holder
9th Cir. · 2010 · signal: see · confidence high
See de Leon-Barrios v. INS, 116 F.3d 391 , 393-94 (9th Cir.1997).
cited Cited "see" Kamalyan v. Holder
9th Cir. · 2010 · signal: see · confidence high
See de Leon-Barrios v. INS, 116 F.3d 391 , 393-94 (9th Cir.1997).
Retrieving the full opinion text from the archive…
97 Cal. Daily Op. Serv. 4551, 97 Daily Journal D.A.R. 7564 Edgar Octaviano De Leon-Barrios Lili Villagrana Edgar De Leon Gerson De Leon
v.
Immigration and Naturalization Service
96-70276.
Court of Appeals for the Ninth Circuit.
Jun 17, 1997.
116 F.3d 391

116 F.3d 391

97 Cal. Daily Op. Serv. 4551, 97 Daily Journal
D.A.R. 7564
Edgar Octaviano de LEON-BARRIOS; Lili Villagrana; Edgar de
Leon; Gerson de Leon, Petitioners,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

No. 96-70276.

United States Court of Appeals,
Ninth Circuit.

Argued and Submitted May 9, 1997.
Decided June 17, 1997.

Braden Cancilla, San Fernando Valley Neighborhood Legal Services, Pacoima, CA, for petitioners.

Quynh Vu, United States Department of Justice, Washington, D.C., for respondent.

Petition to Review a Decision of the Immigration and Naturalization Service. INS Nos. Abp-jyc-rvg, Aew-fhh-pea, Ags-kaf-pfb, Abm-zbz-ynp.

Before: WALLACE, THOMPSON and T.G. NELSON, Circuit Judges.

THOMPSON, Circuit Judge:

OVERVIEW

[*~391]1

Edgar Octaviano de Leon-Barrios (de Leon); his wife, Lili Villagrana; and their two sons, Edgar and Gerson de Leon, petition for review of the Board of Immigration Appeals' (BIA) decision denying their application for asylum and withholding of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a, and we deny the petition for review.

FACTS

2

De Leon and his family are citizens of Guatemala. They sought political asylum and withholding of deportation. De Leon's wife's and sons' claims for asylum and withholding of deportation are derivative of his application. See 8 U.S.C. § 1158(b)(3).

3

De Leon arrived in the United States in February 1993. Shortly thereafter, he filed an application for political asylum. In this first application, he stated that he fled Guatemala because, on several occasions, guerilla groups had threatened to kill him after he refused to help them. He also stated that guerilla groups killed his cousin and kidnapped his father after they refused to help the guerillas. De Leon testified he submitted this 1993 asylum application to obtain a work permit.

4

The Immigration and Naturalization Service (INS) denied the request for asylum and instituted deportation proceedings. At a hearing before an Immigration Judge (IJ), the IJ permitted de Leon to file a second asylum application. De Leon filed the second application in March 1995.

5

In this second application, de Leon made a general reference to the political turmoil in Guatemala. He, however, did not mention the threats he and his family allegedly received from the guerillas. Instead, this second application focused on threats he received based on his membership in a labor organization. He stated he joined the labor organization because his employer, Licorera Nacional, was mistreating its employees. He stated that, when he became active in the labor organization, "security members" threatened to kill him. He then decided to change employers, but alleged the security members continued to threaten him at his new employment.

6

During a subsequent hearing before the IJ, de Leon discussed the guerilla threats referenced in his first application. He recalled two incidents. He testified that on one occasion a group of people stopped him on his way home from work and demanded money. On the second occasion, a group of people hijacked the bus in which he was riding and robbed the passengers. He testified that he was unaware of the identities of these people, but believed they were either guerillas or "private muggers."

7

When asked by the IJ to explain why his first application did not mention the problems associated with his union activities, de Leon testified "they don't seem to relate to this case." He testified that the person who helped him complete his first asylum application did not "really concentrate on the case."

8

The IJ denied the petitioners' requests for asylum and withholding of deportation, but granted them voluntary departure. The BIA dismissed the petitioners' appeal. The petitioners now seek review before this court.

DISCUSSION

A. Political Asylum

[*~392]9

To qualify for asylum, de Leon must demonstrate that he is unwilling to return to Guatemala because he suffered past persecution or has a " 'well-founded fear of [future] persecution on account of ... political opinion.' " Acewicz v. INS, 984 F.2d 1056, 1061 (9th Cir.1993) (quoting 8 U.S.C. § 1101(a)(42)(A)). To establish a well-founded fear of persecution, de Leon must show that his fear is "subjectively genuine and objectively reasonable." Fisher v. INS, 79 F.3d 955, 960 (9th Cir.1996). "An asylum applicant's candid, credible, and sincere testimony demonstrating a genuine fear of persecution satisfies the subjective component of the well-founded fear standard." Berroteran-Melendez v. INS, 955 F.2d 1251, 1256 (9th Cir.1992) (internal quotations and citation omitted).

10

The IJ and BIA denied relief because they found de Leon to be not credible. We review the IJ's and BIA's credibility findings for substantial evidence and, thus, must uphold the findings "unless the evidence presented compels a reasonable factfinder to reach a contrary result." Lopez-Reyes v. INS, 79 F.3d 908, 911 (9th Cir.1996). Although we give "substantial deference" to credibility findings, such a finding "must be supported by a specific, cogent reason...." Berroteran-Melendez, 955 F.2d at 1256 (internal quotations and citation omitted).

11

An initial issue presented is whether we review the IJ's or the BIA's decision. Generally, if the BIA conducts a de novo review of the record and makes an independent determination about whether relief is appropriate, we review the BIA's decision. See Yepes-Prado v. INS, 10 F.3d 1363, 1366 (9th Cir.1993). If, however, the BIA reviews the IJ's decision for an abuse of discretion, we review the IJ's decision. Id. at 1366-67.

12

In the present case, it is not clear whether the BIA conducted an independent review of the record and made its own finding that de Leon is not credible or whether the BIA reviewed the IJ's credibility finding for an abuse of discretion. We, however, need not resolve this issue. Substantial evidence supports both the IJ's and the BIA's credibility finding and both set forth specific reasons for the finding.

[*393]13

In making the adverse credibility finding, the IJ and the BIA relied on the discrepancies between de Leon's two applications for asylum and his failure to present a satisfactory explanation for the discrepancies. Generally, minor inconsistencies and minor omissions relating to unimportant facts will not support an adverse credibility finding. See Osorio v. INS, 99 F.3d 928, 931 (9th Cir.1996). The discrepancies between de Leon's two applications, however, are not minor. Instead, the discrepancies relate to the basis for his alleged fear of persecution. These discrepancies "involved the heart of the asylum claim" and support the negative credibility finding. Ceballos-Castillo v. INS, 904 F.2d 519, 520 (9th Cir.1990); see also Berroteran-Melendez, 955 F.2d at 1256. There is substantial evidence, therefore, to support the adverse credibility finding. Despite this evidence, however, and focusing on the language of the IJ's decision, de Leon argues that the IJ did not make an explicit finding of adverse credibility. For this argument, he relies on our decision in Hartooni v. INS, 21 F.3d 336 (9th Cir.1994).

14

In Hartooni, the IJ stated: "[t]he cumulative effect of the respondent's testimony and application leads me to conclude that the respondent has not established a credible claim to persecution. The respondent asserted persecution and alleged persecution, but the facts she presents [do] not lead me to conclude that her claim is valid." Id. at 342. We concluded the statement was ambiguous. Id. Specifically, it was unclear whether the IJ found the respondent to be not credible or whether he found that the facts presented in support of the asylum claim did not rise to the level of persecution. Id. Thus, the IJ failed to make "clear findings" regarding the respondent's credibility. Id.

15

The present case is distinguishable. In his decision, the IJ stated:

16

The Court agrees with Counsel for the [INS] that these two applications for asylum are entirely inconsistent with one another and neither sets forth adequate facts on which the Court can reasonably and legitimately find sufficient facts and justification to determine that even on a subjective level [de Leon] had or has a reason to fear persecution in Guatemala within the meaning of Section 208 of the Act as construed by the case law cited above. Moreover, even if [de Leon] had met his initial burden on a subjective level, [de Leon] has failed to produce any evidence that shows on an objective level that he has a reasonable basis to fear persecution in the future if he and his family were to return to Guatemala.

17

...

18

Therefore, the Court does not find credible [de Leon's] claim of persecution or a well-founded fear thereof under Section 208 of the Act.

19

It is evident from these statements and the context in which they were made that the IJ made an express finding that de Leon was not credible. Earlier in the decision, the IJ noted the discrepancies between the two asylum applications as well as de Leon's explanation that he did not believe the prior guerilla incidents were relevant to the present asylum application. The IJ found it "somewhat curious" that de Leon was aware of the process he needed to comply with to obtain work authorization, but claimed ignorance of the asylum process. The IJ also cited case law upholding an IJ's adverse credibility finding when there were substantial inconsistencies between the respondent's asylum application and testimony. See Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1984). The IJ then explicitly stated, "the Court does not find credible [de Leon's] claim of persecution...."

20

The obligation to provide a specific, cogent reason for a negative credibility finding does not require the recitation of unique or particular words. Reviewing the entirety of the IJ's decision, we conclude the IJ made an express finding of adverse credibility and his reason for that finding was specific and cogent.

B. Withholding of Deportation

21

Because the petitioners failed to satisfy the standard for asylum, they necessarily failed to satisfy the more rigorous standard for withholding of deportation. Ghaly v. INS, 58 F.3d 1425, 1429 (9th Cir.1995).

[*~394]22

The petition for review is DENIED.