Crisonto Rodas-Calderon v. Eric Holder, Jr.

MEMORANDUM

Crisonto Rodas-Calderon, a native and citizen of Guatemala, 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, 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.

The agency found Rodas-Calderon ineligible for asylum because he previously applied for asylum and that application was denied. See 8 U.S.C. § 1158 (a)(2)(C). The record does not compel the conclusion that he established changed circumstances materially affecting his eligibility such that he was not barred from applying for asylum again. See 8 U.S.C. § 1158 (a)(2)(D); Ramadan v. Gonzales, 479 F.3d 646, 656-58 (9th Cir.2007) (per curiam); see also Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir.2009) (“[t]he Real ID Act requires that a protected ground represent ‘one…