Fernandes

MEMORANDUM

Santano Pio Férnandes, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying Fernandes’ applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review an adverse credibility determination for substantial evidence. Gui v. INS, 280 F.3d 1217, 1225 (9th Cir.2002). We deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility determination because Fernandes testified inconsistently regarding the alleged confrontation between Hindu fundamentalists and Catholic protesters on June 10, 2000. Fernandes failed to provide a reasonable explanation for this inconsistency, and the inconsistency goes to the heart of his claim of persecution. See Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004). In the absence of credible testimony, Fernandes failed to demonstrate eligibility for asylum or withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Fernandes’ CAT claim is based on the same evidence that the BIA…