Blanca Marisol Pineda-Garcia 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NOT FOR PUBLICATION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
BLANCA MARISOL PINEDA-GARCIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-73663
Agency No. A098-358-538
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.
Blanca Marisol Pineda-Garcia, a native and citizen of El Salvador, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her
appeal from an immigration judge’s decision denying her application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
FILED
JUL 24 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-73663 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.
The BIA concluded Pineda-Garcia was not credible for a number of reasons,
including her lack of knowledge of the content of the flyers she distributed and the
omission in her asylum application of one of three claimed incidents of harm.
Substantial evidence supports the BIA’s finding. See id. at 1048 (adverse
credibility finding reasonable under totality of the circumstances). Accordingly,
we deny the petition as to Pineda-Garcia’s asylum and withholding of removal
claims. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Because Pineda-Garcia’s CAT claim is based on the same testimony the BIA
found not credible, and she does not point to any other evidence showing it is more
likely than not she will be tortured if returned to El Salvador, her CAT claim also
fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.

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