Gilbert Dela Cruz v. Eric H. Holder Jr.

MEMORANDUM

Gilbert Manzanares Dela Cruz, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 .

Substantial evidence supports the agency’s adverse credibility determination. Dela Cruz acknowledged that his testimony at his asylum interview was inconsistent with his testimony in the hearing before the IJ, some of those inconsistencies going to who killed a New People’s Army (“NPA”) commander and why the NPA threatened Dela Cruz. The inconsistencies go to the heart of Dela Cruz’s asylum claim. See Pal v. INS, 204 F.3d 935 , 939-JO (9th Cir.2000). Dela Cruz was given an opportunity to explain these inconsistencies, but his explanations regarding the passage of time, battlefield confusion, and personal confusion at the hearing do not compel a contrary conclusion. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000).

Dela Cruz’s contention that the agency erred in basing its adverse credibility determination on his testimony to the asylum officer,…