Jorge Cifuentes-Hernandez v. Eric H. Holder Jr.

MEMORANDUM

Jorge Aníbal Cifuentes-Hernandez, a native and citizen of Guatemala, petitions pro se 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 de novo questions of law and for substantial evidence factual findings, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008), 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.

The record does not compel the conclusion that Cifuentes-Hernandez established changed or extraordinary circumstances excusing his untimely asylum application. See 8 C.F.R. § 1208.4 (a)(4), (5). Accordingly, we deny the petition as to his asylum claim.

Substantial evidence supports the agency’s adverse credibility finding based both on the omission from Cifuentes-Hernandez’s asylum application of his brother’s death and on inconsistencies between his application, his sworn statement, and…