Miguel Morales v. Eric Holder, Jr.

MEMORANDUM

Petitioner Miguel Angel Morales (“Morales”), a native and citizen of Guatemala, petitions for review of a decision from the Board of Immigration Appeals (“BIA”) in which the BIA dismissed his appeal from the immigration judge’s (“IJ”) adverse credibility finding and denial of relief in the form of deferral of removal under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 (a), and we deny the petition for review.

When the BIA issues its own decision, while emphasizing certain aspects of the IJ’s decision, this court reviews both decisions. Morgan v. Mukasey, 529 F.3d 1202, 1206 (9th Cir.2008). We review legal questions de novo and review factual findings, including adverse credibility determinations, for substantial evidence. Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir.2011).

Substantial evidence supports the agency’s adverse credibility determination. First, it properly relied on inconsistencies between Morales’s testimony and his written application regarding the location of the beating, where on his body he was hit, whether or not gunshots were fired, and if the police asked him to gather information or to just disappear.…