Miguel Angel Chicas-Guzman 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NOT FOR PUBLICATION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
MIGUEL ANGEL CHICAS-GUZMAN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71409
Agency No. A099-577-165
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 17, 2012**
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Miguel Angel Chicas-Guzman, 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 (“IJ”) decision denying his application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
FILED
JUL 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-71409 2
We have jurisdiction under 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 deny the petition for review.
Chicas-Guzman does not challenge the agency’s dispositive finding that his
application for asylum was untimely. Accordingly, his asylum claim fails.
The BIA found Chicas-Guzman not credible in part because he provided an
equivocal narrative of events during his testimony. Substantial evidence supports
this finding. See id. at 1046. In the absence of credible testimony, Chicas-
Guzman’s withholding of removal claim fails. See Farah v. Ashcroft, 348 F.3d
1153, 1156 (9th Cir. 2003).
Finally, because Chicas-Guzman’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 El Salvador, his
CAT claim also fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.

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