Griselda Claudio-Alas v. Eric Holder, Jr.

MEMORANDUM

Astacio Martinez Amaya, 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 decision denying his application for asylum and withholding of removal. 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.

Martinez Amaya does not challenge the BIA’s dispositive finding that his asylum application was time-barred. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived). Thus, we deny the petition as to Martinez Amaya’s asylum claim.

Substantial evidence supports the BIA’s adverse credibility determination based on inconsistencies between Martinez Amaya’s testimony and written statement regarding whether and when his brother first experienced problems with his father’s murderer. See Shrestha, 590 F.3d at 1048 (adverse credibility finding…