Vuvu v. Blanche
── Vuvu v. Blanche ──
Court: Court of Appeals for the Ninth Circuit
Date: May 21, 2026
Category: General
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 21 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DANIEL MBADILA VUVU; ALICE No. 25-5620
NSIMBA MANZAMBI; D. M. M.; I. M. Agency Nos.
M.; E. M. M., A246-562-747
A246-562-748
Petitioners,
A246-562-749
A246-562-750
v. A246-562-751
TODD BLANCHE, Acting Attorney
General, MEMORANDUM*
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 19, 2026**
Seattle, Washington
Before: TALLMAN, OWENS, and R. NELSON, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Petitioner Daniel Mbadila Vuvu (“Vuvu”), an Angolan national, petitions for
review of the decision of the Board of Immigration Appeals (“BIA”) dismissing
his appeal of the Immigration Judge’s (“IJ”) denial of his applications for asylum,
withholding of removal, and protection under the Convention Against Torture. We
have jurisdiction to review the petition pursuant to 8 U.S.C. § 1252(a)(1). We
deny the petition.
1. Substantial evidence supports the agency’s adverse credibility
determination. Under the REAL ID Act, credibility determinations are based on
the “totality of the circumstances,” and may rely on inconsistencies without regard
to whether they go to the “heart of the . . . claim.” Alam v. Garland, 11 F.4th 1133,
1135–36 (9th Cir. 2021) (en banc) (quoting 8 U.S.C. § 1158(b)(1)(B)(iii)). Here,
the IJ identified multiple inconsistencies, including (1) conflicting statements
regarding Vuvu’s place of birth, (2) discrepancies in his account of an alleged
beating—such as whether his assailants were police or military, and the type of
vehicle involved—and (3) shifting testimony regarding the duration of his
involvement in his political party. Indeed, Vuvu admitted that he provided false
information about his place of birth. And the IJ reasonably rejected his
explanations for these discrepancies. See Li v. Garland, 13 F.4th 954, 961 (9th
Cir. 2021) (emphasizing that IJs are not required to accept petitioners’ explanations
for discrepancies in the record).
2 25-5620
Substantial evidence also supports the agency’s conclusion that Vuvu failed
to provide sufficient corroborating evidence to meet his burden of proof. The IJ
reasonably afforded limited weight to letters from interested witnesses not subject
to cross-examination and found that documentary evidence did not independently
establish his claims.
Because the record does not compel a contrary conclusion, we uphold the
adverse credibility determination.
2. Vuvu’s due process challenge based on interpretation deficiencies also
fails. “The Fifth Amendment guarantees due process in deportation proceedings.”
Colmenar v. INS, 210 F.3d 967, 971 (9th. Cir. 2000). To establish a due process
violation, a petitioner must demonstrate that “(1) the proceeding was so
fundamentally unfair that the alien was prevented from reasonably presenting his
case . . . and (2) the alien de
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}