FILED
NOT FOR PUBLICATION APR 12 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
OSBALDO PEREZ DIAZ, No. 08-72048
Petitioner, Agency No. A070-663-705
v.
MEMORANDUM *
MICHAEL B. MUKASEY, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Osbaldo Perez Diaz, 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 and withholding
of deportation. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
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).
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 the major inconsistencies within and between Perez Diaz’s asylum
application and his testimony concerning what year guerrillas killed his father and
what year Perez Diaz left Guatemala. See id. at 1042-43; Don v. Gonzales, 476
F.3d 738, 741-42 (9th Cir. 2007) (a date discrepancy “went to the heart of
[petitioner’s] claim because it involved the very event upon which he predicated
his claim for asylum”). Nor do his explanations compel a contrary conclusion.
Don, 476 F.3d at 741. In the absence of credible testimony, Perez Diaz’s asylum
and withholding of deportation claims fail. See Farah v. Ashcroft, 348 F.3d 1153,
1156 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.
2 08-72048