FILED
NOT FOR PUBLICATION AUG 15 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MIGUEL ENRIQUE TORRES No. 12-71599
GUTIERREZ, a.k.a. Daniel Cruzado-
Torres Agency No. A094-999-094
Petitioner,
MEMORANDUM*
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 13, 2014**
Before: SCHROEDER, THOMAS, and HURWITZ, Circuit Judges.
Miguel Enrique Torres Gutierrez, a native and citizen of Peru, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s decision denying his application for asylum,
*
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).
withholding of removal, and protection 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 BIA’s adverse credibility determination,
based on the uncontested fact that Torres lied in his immigration hearing and
before an asylum officer about his use of a false identity and the location of his
sister. See Singh v. Holder, 638 F.3d 1264, 1271-72 (9th Cir. 2011) (stating “lies
and fraudulent documents when they are no longer necessary for the immediate
escape from persecution do support an adverse inference”); see also Ren v. Holder,
648 F.3d 1079, 1084 (9th Cir. 2011) (agency can rely on factors that reasonably
reflect on the petitioner’s veracity). In the absence of credible testimony, Torres’s
asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d
1153, 1156 (9th Cir. 2003).
Because Torres’s CAT claim is based on the same testimony the BIA found
not credible, and Torres does not point to any evidence that compels the conclusion
that it is more likely than not he will be tortured if returned to Peru, his CAT claim
2 12-71599
also fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
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