Miguel Torres Gutierrez v. Eric Holder, Jr.

MEMORANDUM

Miguel Enrique Torres Gutierrez, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010). We deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility determiriation, based on the uncontested fact that Torres lied in his immigration hearing and before an asylum officer about his use of a false identity and the location of his sister. See Singh v. Holder, 638 F.3d 1264, 1271-72 (9th Cir.2011) (stating “lies and fraudulent documents when they are no longer necessary for the immediate escape from persecution do support an adverse inference”); see also Ren v. Holder, 648 F.3d 1079, 1084 (9th Cir.2011) (agency can rely on factors that reasonably reflect on the…