Mario Orozco Gutierrez v. Loretta E. Lynch

MEMORANDUM

Mario Orozco Gutierrez, a native and citizen of Mexico, 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 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), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the inconsistences between Orozco Gutierrez’s testimony and evidence regarding the incidents his mother and relatives allegedly experienced in Mexico. See id. at 1046-47 (“when an inconsistency is at the heart of the claim it doubtless is of great weight”). In the absence of credible testimony, Orozco Gutierrez’s asylum, including humanitarian asylum, and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Finally, substantial evidence also supports…