FILED
NOT FOR PUBLICATION APR 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
VICTOR MANUEL SOSA-CARDONA, No. 09-72609
Petitioner, Agency No. A070-643-865
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., 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.
Victor Manuel Sosa-Cardona, 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, 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 factual
findings. Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). We deny the
petition for review.
Substantial evidence supports the agency’s adverse credibility finding based
on the discrepancies between Sosa-Cardona’s declaration and his testimony
regarding the identity of his kidnapers and the length of his hospital stay. See Li v.
Ashcroft, 378 F.3d 959, 964 (9th Cir. 2004). In the absence of credible testimony,
Sosa-Cardona’s asylum and withholding of removal claims fail. See Farah, 348
F.3d at 1156.
Because Sosa-Cardona’s CAT claim is based on the testimony the agency
found not credible, and he points to no other evidence showing it is more likely
than not he will be tortured if returned to Guatemala, his CAT claim also fails. See
id. at 1156-57.
PETITION FOR REVIEW DENIED.
2 09-72609