Vasquez

MEMORANDUM **

Eduardo A. Vasquez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision summarily affirming an immigration judge’s (“IJ”) denial of his application for asylum and withholding of deportation. Because the transitional rules apply, see Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997), we have jurisdiction pursuant to 8 U.S.C. § 1105a(a). Where, as here, the BIA affirms without opinion, we review the IJ’s decision. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003). We review for substantial evidence an adverse credibility determination, Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001) and we deny the petition for review.

The IJ found incredible Vasquez’s assertion that a guerilla shot at him while he was riding his motorcycle where Vasquez testified that he could not see his assailant, but could tell from the sound of the discharge that the assailant used a high caliber of weapon, and only guerillas and the military have such weapons. The IJ further found incredible Vasquez’s testimony that he believed the guerillas arranged for him to arrest a person for drinking alcohol, and then caused a…