FILED
NOT FOR PUBLICATION JAN 24 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
WALTER OMAR HERNANDEZ- No. 09-71417
VILLALTA,
Agency No. A099-653-384
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 17, 2012 **
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Walter Omar Hernandez-Villalta, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ 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).
and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We
review for substantial evidence the agency’s factual findings, applying the new
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
because Hernandez-Villalta made no mention of his political party volunteer work
in his asylum application, see Husyev v. Mukasey, 528 F.3d 1172, 1183 (9th Cir.
2008), and Hernandez-Villalta also failed to provide any corroboration of his
political activities, see Mejia-Paiz v. INS, 111 F.3d 720, 723-24 (9th Cir. 1997).
Hernandez-Villalta’s explanations for the discrepancies do not compel a contrary
conclusion. See Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir. 2007). In the
absence of credible testimony, Hernandez-Villalta’s asylum and withholding of
removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.
2 09-71417