Acierto

MEMORANDUM

Nelson Abdon Acierto, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, including adverse credibility determinations, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on Acierto’s inconsistent testimony regarding whether he was in the Zambales province of the Philippines during the time he asserts the New People’s Army (“NPA”) threatened him. See id. at 1043 . In the absence of credible testimony, Acierto’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Acierto’s CAT claim is based on the same testimony found to be not credible, and Acierto does not point to any other evidence that shows it is more likely than not he would be tortured if returned to the…