Guillermo Castaneda v. Eric Holder, Jr.

MEMORANDUM

Guillermo Castaneda and his family, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their 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, Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir.2011), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the discrepancies between Castaneda’s declaration and his testimony regarding whether or not he was attacked in 1984 and the number of threatening notes he received, and based on the omission from his declaration of receiving a death threat in Tiquisate. See id. (“Material alterations in the applicant’s account of persecution are sufficient to support an adverse credibility finding.”). The agency reasonably rejected Castaneda’s explanations. See Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir.2007). Accordingly, in the absence of credible testimony, Castaneda’s asylum and withholding of removal claims…