Ricardo Valdivias-Herrera v. Eric Holder, Jr.

MEMORANDUM

Ricardo Valdivias-Herrera, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order of removal. We review for substantial evidence the agency’s factual findings and apply the standards governing adverse credibility determinations created by the Real ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010). We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review.

Because Valdivias-Herrera has not challenged the IJ’s determination that he has been convicted of an aggravated felony that was a particularly serious crime, he is not eligible for asylum or withholding of removal, and his only potential avenue for relief is deferral of removal under the Convention Against Torture. See 8 U.S.C. §§ 1158 (b)(2)(A)(ii), 123 l(b)(3)(B)(ii); 8 C.F.R. § 1208.16 (c) & (d); Arbid v. Hold er, 700 F.3d 379, 385 (9th Cir.2012); Lemus-Galvan v. Mukasey, 518 F.3d 1081, 1083 (9th Cir.2008).

Valdivias-Herrera contends that the agency’s adverse credibility finding was not supported by the evidence. We reject this contention. The agency’s adverse…