FILED
NOT FOR PUBLICATION MAY 22 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JACKELIN RIVAS-COTO, No. 09-70827
Petitioner, Agency No. A098-801-679
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2012 **
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Jackelin Rivas-Coto, a native and citizen of Honduras, petitions for review
of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s (“IJ”) decision denying her application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
*
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).
Our jurisdiction is governed by 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 (9th Cir. 2010). We review de novo due process claims.
Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003). We deny in part
and dismiss in part the petition for review.
Substantial evidence supports the IJ’s adverse credibility determination on
the basis of the discrepancy between Rivas-Coto’s testimony and her asylum
application regarding whether her aunt was killed, as well as the discrepancy
regarding the incident at the lake. See Kohli v. Gonzales, 473 F.3d 1061, 1071 (9th
Cir. 2007) (adverse credibility finding may be supported by discrepancies between
a petitioner’s testimony, declaration, and documents). Rivas-Coto’s explanations,
including that the discrepancies were due to the fact that she was nine months
pregnant at the time of the hearing, do not compel a contrary result. See Lata v.
INS, 204 F.3d 1241, 1245 (9th Cir. 2000). We reject her contention that the IJ’s
adverse credibility determination was improper. See Shrestha, 590 F.3d at 1043
(under the Real ID Act, adverse credibility findings do not have to go to the heart
of the claim). In the absence of credible testimony, Rivas-Coto’s asylum and
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withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
Because Rivas-Coto’s CAT claim is based on the same testimony the agency
found not credible, and she points to no other evidence showing it is more likely
than not she will be tortured if returned to Honduras, her CAT claim also fails. See
id. at 1156-57.
Finally, we lack jurisdiction to reach Rivas-Coto’s unexhausted contention
that she was prevented from developing her claim due to questions regarding
inconsistencies between her testimony and application. See Barron v. Ashcroft,
358 F.3d 674, 678 (9th Cir. 2004).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
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