Martha Calmo Pablo v. Loretta E. Lynch

MEMORANDUM

Martha Calmo Pablo, native and a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her 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 inconsistencies regarding when Calmo suffered a miscarriage and whether she told her parents about a threatening phone call from her attacker. See id. at 1048 (adverse credibility determination was reasonable under the “totality of circumstances”). Calmo’s explanations for the inconsistencies do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). Thus, in the absence of credible testimony, Calmo’s asylum and withholding of removal claims fail. See…