Francisco Ocampo-Manguia, a.k.a. Francisco Ocampo-Munguia v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FRANCISCO OCAMPO-MANGUIA,
a.k.a. Francisco Ocampo-Munguia,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-74831
Agency No. A072-533-452
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Francisco Ocampo-Manguia, a native and citizen of Guatemala, petitions for
review of the 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
FILED
MAR 02 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-74831
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual
findings, including adverse credibility determinations. Chebchoub v. INS, 257
F.3d 1038, 1042 (9th Cir. 2001). We deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
because Ocampo-Manguia omitted the fact that he was kidnapped and beaten by
guerillas from his first asylum application and from his interview with an asylum
officer, see Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir. 2011) (“Material
alterations in the applicant’s account of persecution are sufficient to support an
adverse credibility finding.”), and the agency reasonably rejected Ocampo-
Manguia’s explanation for the omission, see Rivera v. Mukasey, 508 F.3d 1271,
1275 (9th Cir. 2007). In the absence of credible testimony, Ocampo-Manguia’s
asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d
1153, 1156 (9th Cir. 2003).
Because Ocampo-Manguia’s CAT claim is based on the same testimony the
agency found not credible, and he points to no other evidence showing it is more
likely than not he will be tortured if returned to Guatemala, his CAT claim also
fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.

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