Nethie Nara Aspelly, a.k.a. Magda Arlande Raphael v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
NETHIE NARA ASPELLY, a.k.a. Magda
Arlande Raphael,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-70503
Agency No. A098-805-840
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Nethie Nara Aspelly, a native and citizen of Haiti, petitions pro se for review
of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her application for asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”). We have
FILED
JAN 03 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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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), and we deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on significant inconsistencies in Aspelly’s testimony regarding the incident
that led her to leave Port-au-Prince and whether anything happened to her after she
moved to Cap-Haitien. See id. at 1045-48 (adverse credibility determination was
reasonable under the REAL ID Act’s “totality of the circumstances” standard).
The agency reasonably rejected Aspelly’s explanations for the inconsistencies. See
Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir. 2007). In the absence of
credible testimony, Aspelly’s asylum and withholding of removal claims fail. See
Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Substantial evidence also supports the agency’s finding that even if Aspelly
is a member of the student group Association National Lycee, the country
conditions evidence does not show it is more likely than not she would be tortured
if returned to Haiti. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
Thus, her CAT claim also fails.
PETITION FOR REVIEW DENIED.
2 09-70503

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