Jose Martinez-Hernandez v. Eric Holder, Jr.

MEMORANDUM

Jose Eleazar Martinez Hernandez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) 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 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.

The agency found Martinez Hernandez not credible based on inconsistencies between his testimony and documentary evidence. Martinez Hernandez’s contention that the IJ made a boilerplate credibility finding is not supported by the record. Any error in the IJ’s application of pre-REAL ID Act caselaw to this post-REAL ID Act case was rendered harmless by the BIA’s application of the correct legal standard. See Garrovillas v. INS, 156 F.3d 1010, 1013 (9th Cir.1998). Martinez Hernandez does not otherwise challenge the agency’s adverse credibility determination.…