FILED
NOT FOR PUBLICATION JUN 12 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROBERTO ESCOBAR, a.k.a. Roberto No. 10-71232
Escobar Rosales,
Agency No. A094-314-164
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 10, 2013 **
Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.
Roberto Escobar, 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 and withholding
of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for
*
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).
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 (9th Cir. 2010). We deny the petition for
review.
Escobar does not challenge the agency’s dispositive finding that his asylum
application is time-barred.
In his declaration Escobar claimed he feared the Salvadoran government
because of his father’s guerrilla activities, but during his hearing he testified he
feared the guerrillas because of his own actions. Substantial evidence supports the
agency’s adverse credibility determination based on this. See Zamanov v. Holder,
649 F.3d 969, 973-74 (9th Cir. 2011) (adverse credibility finding supported where
incidents petitioner omitted from asylum application materially altered claim);
Shrestha, 590 F.3d at 1047 (“when an inconsistency is at the heart of the claim it
doubtless is of great weight”). In the absence of credible testimony, Escobar’s
withholding of removal claim fails. See id. at 1048 & n.6.
PETITION FOR REVIEW DENIED.
2 10-71232