NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 18 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MOTI BAHADUR ROKIM-THAPA, No. 14-71127
Petitioner, Agency No. A088-839-234
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 13, 2016**
Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges.
Moti Bahadur Rokim-Thapa, a native and citizen of Nepal, 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
*
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).
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 agency’s adverse credibility determination
based on inconsistencies as to when Maoists allegedly attacked Rokim-Thapa in
2005, whether Rokim-Thapa left his job after Maoists allegedly attacked him at his
workplace in 2007, and whether another individual from Rokim-Thapa’s class
experienced harm. See id. at 1048 (adverse credibility determination reasonable
under the “totality of circumstances”). Rokim-Thapa’s explanations for the
inconsistencies do not compel a contrary result. See Lata v. INS, 204 F.3d 1241,
1245 (9th Cir. 2000). In the absence of credible testimony, Rokim-Thapa’s
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 Rokim-
Thapa’s CAT claim because it was based on the same testimony found not
credible, and Rokim-Thapa does not point to any evidence establishing it is more
likely than not he would be tortured by or with the consent or acquiescence of the
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government if returned to Nepal. See Shrestha, 590 F.3d at 1048-49.
PETITION FOR REVIEW DENIED.
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