Gilberto Mendoza Calmo v. Loretta E. Lynch

MEMORANDUM

Gilberto Mendoza Calmo, 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, 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 created by the REAL ID Act, Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010), and review de novo .due process claims, Hartooni v. INS, 21 F.3d 336, 339 (9th Cir.1994). We deny the petition for review.

With respect to Mendoza Calmo’s claim of mistreatment by gang members, substantial evidence supports the agency’s adverse credibility determination based on inconsistencies regarding the timing and number of times gang members physically harmed him. See Shrestha, 590 F.3d at 1048 (adverse credibility finding was reasonable under the totality of circumstances). We reject Mendoza-Calmo’s contention that interpretation problems are to blame for the agency’s adverse credibility finding because the record does not support it, and reject…