Jose Heri Moreno, a.k.a. Jose Hernandez, a.k.a. Jose Heriberto Hernandez 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NOT FOR PUBLICATION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
JOSE HERI MORENO, a.k.a. Jose
Hernandez, a.k.a. Jose Heriberto
Hernandez,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-72574
Agency No. A094-200-844
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Jose Heri Moreno, a native and citizen of El Salvador, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for asylum,
FILED
MAR 20 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

11-72574 2
withholding of removal, and relief under the Convention Against Torture (“CAT”).
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
factual findings, including adverse credibility findings, Li v. Ashcroft, 378 F.3d
959, 962 (9th Cir. 2004), and we deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on Moreno’s omission from his original asylum application of the harm he
claimed at the hands of guerrillas and army superiors. See id. at 963. Moreno’s
explanation that he did not remember these events when he prepared his original
application does not compel a contrary conclusion. See Rivera v. Mukasey, 508
F.3d 1271, 1275 (9th Cir. 2007). In the absence of credible testimony, Moreno’s
asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d
1153, 1156 (9th Cir. 2003).
Because Moreno’s CAT claim is based on the same evidence the IJ found
not credible, and the record does not otherwise compel the finding it is more likely
than not he would be tortured if returned to El Salvador, his CAT claim also fails.
See id. at 1156-57.
We reject Moreno’s contentions that the IJ violated his due process rights by
exhibiting bias and not adequately assisting him as a pro se litigant. Finally, we
deny Moreno’s request for pro bono counsel.
PETITION FOR REVIEW DENIED.

-- 2 of 2 --