Maritza Marquez-Villatoro v. Eric Holder, Jr.

MEMORANDUM

Mariano Ramirez-Pablo, a native and citizen of Guatemala, petitions 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 protection 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.

Ramirez-Pablo does not challenge the BIA’s conclusion that he conceded his claim for asylum was time-barred. Accordingly, we deny his asylum claim.

Substantial evidence supports the agency’s adverse credibility determination based on the omission from Ramirez-Pa-bio’s written application of the assault and based on the inconsistency between his testimony and his application regarding whether his father was killed. See Zamanov v. Holder, 649 F.3d 969, 973-74 (9th Cir.2011) (omission of incidents of arrest and mistreatment went to core of alleged fear); Shrestha, 590…