Mario Orozco Gutierrez v. Loretta E. Lynch

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAY 29 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS MARIO OROZCO GUTIERREZ, No. 12-73504 Petitioner, Agency No. A090-723-035 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 13, 2015** Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges. Mario Orozco Gutierrez, a native and citizen of Mexico, 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 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 standards governing adverse credibility determinations created by the REAL ID Act, Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010), and we deny the petition for review. Substantial evidence supports the agency’s adverse credibility determination based on the inconsistences between Orozco Gutierrez’s testimony and evidence regarding the incidents his mother and relatives allegedly experienced in Mexico. See id. at 1046-47 (“when an inconsistency is at the heart of the claim it doubtless is of great weight”). In the absence of credible testimony, Orozco Gutierrez’s asylum, including humanitarian asylum, and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). Finally, substantial evidence also supports the agency’s denial of Orozco Gutierrez’s CAT claim because he failed to demonstrate it is more likely than not he would be tortured by or with the consent or acquiescence of the government if returned to Mexico. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008). PETITION FOR REVIEW DENIED. 2 12-73504