Diaz-Mazariegos
Diaz-Mazariegos v. Keisler
Opinion
Lead Opinion
MEMORANDUM ***
Amador Diaz-Mazariegos, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order adopting and affirming the Immigration Judge’s (“IJ”) denial of 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 deny the petition in part, grant in part and remand.
Substantial evidence supports the IJ’s adverse credibility determination because Diaz-Mazariegos’s testimony and declaration were inconsistent regarding matters that go to the heart of his asylum claim. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.2001). Accordingly, Diaz-Maza-riegos is not eligible for asylum.
Because Diaz-Mazariegos failed to demonstrate eligibility for asylum, he necessarily fails to demonstrate eligibility for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Diaz-Mazariegos’s CAT claim also fails because it is based on the same facts that *590 the IJ deemed not credible. See id. at 1157 .
Diaz-Mazariegos contends that the BIA erred when it affirmed the IJ’s frivolous asylum application determination. The…