FILED
NOT FOR PUBLICATION DEC 28 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MILTON VARGAS, No. 10-71630
Petitioner, Agency No. A073-945-820
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2012 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Milton Vargas, a native and citizen of Guatemala, petitions for review of a
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 have jurisdiction
*
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).
under 8 U.S.C. § 1252. We review for substantial evidence, Farah v. Ashcroft, 348
F.3d 1153, 1156 (9th Cir. 2003), and we deny the petition for review.
Vargas claims he experienced past persecution and fears future persecution
because of threats he received while working for the Christian Democratic Party
between 1989 and 1992. Substantial evidence supports the agency’s adverse
credibility determination based on inconsistencies in the record regarding who
Vargas campaigned for and when his candidate won the election, see id., and his
untruthful statement that he did not make a return trip to Guatemala in 1999 after
leaving in 1992, see Singh v. Holder, 643 F.3d 1178, 1181 (9th Cir. 2011) (“An
asylum applicant who lies to immigration authorities casts doubt on his credibility
and the rest of his story.”). In the absence of credible testimony, Vargas’ asylum
and withholding of removal claims fail. See Farah, 348 F.3d at 1156.
Vargas’ CAT claim also fails because it is based on the same testimony
found not credible, and he points to no other evidence demonstrating it is more
likely than not he would be tortured if returned to Guatemala. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
2 10-71630