FILED
NOT FOR PUBLICATION MAR 14 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
NELSON ABDON ACIERTO, No. 08-70535
Petitioner, Agency No. A072-512-908
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Nelson Abdon Acierto, a native and citizen of the Philippines, 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
*
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 findings of
fact, including adverse credibility determinations, Chebchoub v. INS, 257 F.3d
1038, 1042 (9th Cir. 2001), and we deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on Acierto’s inconsistent testimony regarding whether he was in the
Zambales province of the Philippines during the time he asserts the New People’s
Army (“NPA”) threatened him. See id. at 1043. In the absence of credible
testimony, Acierto’s asylum and withholding of removal claims fail. See Farah v.
Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Because Acierto’s CAT claim is based on the same testimony found to be
not credible, and Acierto does not point to any other evidence that shows it is more
likely than not he would be tortured if returned to the Philippines, his CAT claim
fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
2 08-70535