Ivan Valenzuela-Martinez v. Loretta E. Lynch

MEMORANDUM

Ivan Valenzuela-Martinez, a native and citizen of Nicaragua, 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 and withholding of removal. 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). We deny the petition for review.

Valenzuela-Martinez’s contention that the IJ erred by not providing him an opportunity to explain false statements made to immigration authorities is unex-hausted. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (court lacks jurisdiction to review claims not presented to the agency).

Substantial evidence supports the agency’s adverse credibility determination based on Valenzuela-Martinez’s admissions regarding the false statements and fraudulent tax information he presented to immigration authorities in connection with his pursuit of Temporary Protected Status. See id. at 1048 (adverse credibility finding…