Jose Moreno v. Eric Holder, Jr.

MEMORANDUM

Jose Heri Moreno, a native and citizen of El Salvador, petitions pro se 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 factual findings, including adverse credibility findings, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on Moreno’s omission from his original asylum application of the harm he claimed at the hands of guerrillas and army superiors. See id. at 963 . Moreno’s explanation that he did not remember these events when he prepared his original application does not compel a contrary conclusion. See Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir.2007). In the absence of credible testimony, Moreno’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Moreno’s CAT claim is based on the same evidence the IJ found…