Eduard Sihombing v. Eric H. Holder Jr.

MEMORANDUM

Francisco Ocampo-Manguia, 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 factual findings, including adverse credibility determinations. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination because Ocampo-Manguia omitted the fact that he was kidnapped and beaten by guerillas from his first asylum application and from his interview with an asylum officer, see Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir.2011) (“Material alterations in the applicant’s account of persecution are sufficient to support an adverse credibility finding.”), and the agency reasonably rejected Ocampo-Manguia’s explanation for the omission, see Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir.2007). In the absence of credible testimony, Ocampo-Manguia’s asylum and withholding of…