Giovanni Duran v. Jefferson Sessions

U.S. Court of Appeals for the Ninth Circuit
Giovanni Duran v. Jefferson Sessions, 699 F. App'x 756 (9th Cir. 2017)

Giovanni Duran v. Jefferson Sessions

Opinion

MEMORANDUM **

Giovanni Aristides Duran, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for deferral of removal 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.3d 1034, 1039-40 (9th Cir. 2010). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on Duran’s omission from his first two asylum applications of information regarding the harm his brother experienced from the MS-13 gang. See Shrestha, 590 F.3d at 1047; Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir. 2011) (an applicant “present[ing] substantially different accounts of mistreatment in successive asylum petitions” can constitute a material alteration sufficient to support an adverse credibility finding). Duran’s explanations do not compel a contrary conclusion. See Zamanov, 649 F.3d at 974.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
Giovanni Aristides DURAN, AKA Giovanni Duran, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent
Status
Unpublished