Selvin Bonilla-Aguilar v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Selvin Bonilla-Aguilar v. Eric Holder, Jr., 552 F. App'x 750 (9th Cir. 2014)

Selvin Bonilla-Aguilar v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Selvin Alfredo Bonilla-Aguilar, a native and citizen of Honduras, 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 relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.8d 1034, 1039 (9th Cir. 2010). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the inconsistencies between Bon-illa-Aguilar’s testimony and asylum application affidavit regarding his alleged sexual assault by gang members and whether he reported his other problems with gang members to a teacher. See id. at 1048 (adverse credibility determination was reasonable under the totality of circumstances). Bonilla-Aguilar’s explanations do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the absence of credible testimony, his asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Bonilla-Aguilar’s CAT claim also fails because it is based on the same statements found not credible, and he points to no other evidence in the record to compel the finding that it is more likely than not he would be tortured by or with consent or acquiescence of a public official in Honduras. 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
Selvin Alfredo BONILLA-AGUILAR, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished