Nadege Dongmo v. Eric Holder, Jr.

Good Law
474 F. App'x 685
United States Court of Appeals for the Ninth CircuitJuly 23, 201209-73164California236 words

Opinion

Opinion

MEMORANDUM

Miguel Angel Chicas-Guzman, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief 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 new standards governing' adverse credibility determinations created by the Real ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We deny the petition for review.

Chicas-Guzman does not challenge the agency’s dispositive finding that his application for asylum was untimely. Accordingly, his asylum claim fails.

The BIA found Chicas-Guzman not credible in part because he provided an equivocal narrative of events during his testimony. Substantial evidence supports this finding. See id. at 1046 . In the absence of credible testimony, Chicas-Guz-man’s withholding of removal claim fails. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Finally, because Chicas-Guzman’s CAT claim is based on the same testimony the agency…

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