Carlos Guillermo De Leon Figueroa v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS GUILLERMO DE LEON
FIGUEROA,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 22-191
Agency No. A216-434-429
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 6, 2023**
Pasadena, California
Before: W. FLETCHER and MENDOZA, Circuit Judges, and SCHREIER,***
District Judge.
FILED
NOV 15 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Karen E. Schreier, United States District Judge for the
District of South Dakota, sitting by designation.

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Petitioner Carlos Guillermo De Leon Figueroa petitions for review of the
decision by the Board of Immigration Appeals (“BIA”) dismissing his appeal from
the denial of his claims for asylum, withholding of removal, and protection under
the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. §
1252. We affirm.
The Immigration Judge (“IJ”) made an adverse credibility determination
based on three factual findings: De Leon Figueroa did not initially mention that he
pleaded guilty to driving under the influence when asked about his criminal record;
some of De Leon Figueroa’s answers regarding his arrest were evasive and
unresponsive; and De Leon Figueroa inaccurately indicated on his asylum
application that he had never been arrested or convicted of a crime in the United
States. De Leon Figueroa did not challenge the IJ’s adverse credibility
determination before the BIA. He therefore failed to exhaust the issue, and we lack
jurisdiction to review the adverse credibility finding. Abebe v. Mukasey, 554 F.3d
1203, 1208 (9th Cir. 2009) (en banc) (per curiam).
The IJ could properly find De Leon Figueroa’s entire testimony not credible
based on its adverse credibility determination. Li v. Holder, 738 F.3d 1160, 1163
(9th Cir. 2013). Aside from his testimony, De Leon Figueroa submitted only a
report about human rights conditions in Guatemala to support his asylum
2

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application. The BIA correctly determined this evidence did not establish that De
Leon Figueroa’s fear of persecution was based on a protected ground, as required
for his asylum and withholding of removal claims. See Mukulumbutu v. Barr, 977
F.3d 924, 927 (9th Cir. 2020). The IJ and BIA also did not err in denying De Leon
Figueroa’s CAT claim because the evidence did not show that the Guatemalan
government would acquiesce in any potential torture.
PETITION DENIED.
3

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