NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 3 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS GEOVANNI SAMAYOA-DELA No. 15-73041
ROSA,
Agency No. A095-755-173
Petitioner,
v. MEMORANDUM*
MATTHEW G. WHITAKER, Acting
Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 27, 2018**
Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges.
Carlos Geovanni Samayoa-Dela Rosa, a native and citizen of Guatemala,
petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing his appeal from an immigration judge’s decision denying his
application for asylum, withholding of removal, and relief under the Convention
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
Samayoa-Dela Rosa does not challenge the agency’s dispositive conclusion
that his asylum application was untimely and that he failed to establish any
changed or extraordinary circumstances to excuse the untimely filing. See
Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not
specifically raised and argued in a party’s opening brief are waived). Thus, his
asylum claim fails.
Substantial evidence supports the agency’s adverse credibility determination
based on inconsistencies between Samayoa-Dela Rosa’s testimony and declaration
as to the events of his first interaction with gang members, who caused Samayoa-
Dela Rosa’s motorcycle accident, the identity of his grandfather’s murderer, and
based on the omission of Samayoa-Dela Rosa’s cousin’s murder from his
declaration. See Shrestha, 590 F.3d at 1048 (adverse credibility finding reasonable
under the totality of the circumstances). In this case, in the absence of credible
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testimony, Samayoa-Dela Rosa’s withholding of removal claim fails. See Farah v.
Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Finally, Samayoa-Dela Rosa’s CAT claim fails because it is based on the
same testimony the agency found not credible, and Samayoa-Dela Rosa does not
point to any other evidence in the record that compels the conclusion that it is more
likely than not he would be tortured by or with the consent or acquiescence of the
government of Guatemala. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
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