Kaosar Alam v. Eric Holder, Jr.

MEMORANDUM

Georgel Laurentiu Dobrica, a native and citizen of Romania, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s 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.

Substantial evidence supports the agency’s adverse credibility determination based on the omission from Dobrica’s asylum application and original declaration that he was physically assaulted three times because of his Roma ethnicity. See Zamanov v. Holder, 649 F.3d 969, 973-74 (9th Cir.2011). Dobrica’s explanation does not compel a contrary conclusion. See id. at 974 . In the absence of credible testimo ny, Dobrica’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Dobrica’s CAT claim is based on the…