FILED
NOT FOR PUBLICATION APR 19 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
INDRID YOLANDA SANTOS-CANAS, No. 07-73497
Petitioner, Agency No. A097-832-174
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, 2010 **
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Indrid Yolanda Santos-Canas, a native and citizen of Guatemala, petitions
for review of the Board of Immigration Appeals’ order summarily affirming an
immigration judge’s (“IJ”) decision denying her application for asylum,
withholding of removal, and protection under the Convention Against Torture
*
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).
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence adverse credibility findings, Kaur v. Gonzales, 418 F.3d 1061, 1064 (9th
Cir. 2005), and we deny the petition for review.
Substantial evidence supports the IJ’s adverse credibility finding because the
repeated and significant inconsistencies in Santos-Canas’ testimony and between
her testimony and declaration concern events that go to the heart of her claim. See
Chebcoub v. INS, 257 F.3d 1038, 1043 (9th Cir. 2001). In the absence of credible
testimony, Santos-Canas failed to demonstrate eligibility for asylum or
withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.
2003).
Substantial evidence supports the IJ’s denied of CAT relief because Santos-
Canas did not establish a likelihood of torture by, at the instigation of, or with the
consent or acquiescence of the Guatemalan government. See Arteaga v. Mukasey,
511 F.3d 940, 948-49 (9th Cir. 2007).
PETITION FOR REVIEW DENIED.
2 07-73497