Eduard Sihombing v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Eduard Sihombing v. Eric H. Holder Jr., 470 F. App'x 573 (9th Cir. 2012)

Eduard Sihombing v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Francisco Ocampo-Manguia, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection 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 determinations. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination because Ocampo-Manguia omitted the fact that he was kidnapped and beaten by guerillas from his first asylum application and from his interview with an asylum officer, see Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir. 2011) (“Material alterations in the applicant’s account of persecution are sufficient to support an adverse *575 credibility finding.”), and the agency reasonably rejected Ocampo-Manguia’s explanation for the omission, see Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir. 2007). In the absence of credible testimony, Ocampo-Manguia’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

• [2] Because Ocampo-Manguia’s CAT claim is based on the same testimony the agency found not credible, and he points to no other evidence showing it is more likely than not he will be tortured if returned to Guatemala, his CAT claim also fails. See id. at'1156-57.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Francisco OCAMPO-MANGUIA, A.K.A. Francisco Ocampo-Munguia, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished