Osbaldo Perez Diaz v. Eric H. Holder Jr.

MEMORANDUM

Osbaldo Perez Diaz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of deportation. 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 the major inconsistencies within and between Perez Diaz’s asylum application and his testimony concerning what year guerrillas killed his father and what year Perez Diaz left Guatemala. See id. at 1042-43 ; Don v. Gonzales, 476 F.3d 738, 741-42 (9th Cir.2007) (a date discrepancy “went to the heart of [petitioner’s] claim because it involved the very event upon which he predicated his claim for asylum”). Nor do his explanations compel a contrary conclusion. Don, 476 F.3d at 741 . In the absence of credible testimony, Perez Diaz’s asylum and withholding of deportation claims fail. See Farah v. Ashcroft, 348 F.3d…