FILED
NOT FOR PUBLICATION SEP 24 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LUIS ALBERTO ALVAREZ- No. 07-73747
HURTADO,
Agency No. A099-577-159
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Luis Alberto Alvarez-Hurtado, a native and citizen of Peru, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for withholding of
removal, and protection under the Convention Against Torture (“CAT”). We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s factual findings, applying the new standards governing adverse
credibility determinations created by the REAL ID Act, Shrestha v. Holder, 590
F.3d 1034, 1039 (9th Cir. 2010). We deny the petition.
The IJ found Alvarez-Hurtado not credible based on discrepancies between
his claim for asylum in the United States, and his claim for refugee status in
Canada regarding the dates of his arrest, which guerilla group the Peruvian
government suspected he was linked to, and whether the government shot his
friend in front of him. The IJ also found Alvarez-Hurtado not credible based on
the discrepancy between his testimony and documentary evidence concerning his
employment with Centromin Peru. In light of these findings, which are supported
by the record, and the IJ’s reasonable rejection of Alvarez-Hurtado’s explanations,
see Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir. 2007), substantial evidence
supports the agency’s adverse credibility determination, see Shrestha, 590 F.3d at
1045-48 (adverse credibility determination was reasonable under the Real ID Act’s
“totality of the circumstances”). In the absence of credible evidence,
Alvarez-Hurtado has failed to show eligibility for withholding of removal. See
Shrestha, 590 F.3d at 1048.
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Because Alvarez-Hurtado’s CAT claim is based on the same evidence the IJ
found not credible, and Alvarez-Hurtado does not point to any other evidence in
the record that compels the finding that it is more likely than not he would be
tortured if returned to Peru, his CAT claim also fails. See Farah v. Ashcroft, 348
F.3d 1153, 1157 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.
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