Testo completo
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TERESA GUEVARA TRIGUEROS,
AKA Mercedes Garcia Garcia, AKA
Teresa Jesus Guevara, AKA Nancy
Gutierrez Wenees,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-73074
Agency No. A088-895-326
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Teresa Guevara Trigueros, a native and citizen of Honduras, petitions for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her application for withholding of removal
FILED
SEP 04 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).
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and protection under the Convention Against Torture (“CAT”). We have
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s factual findings, applying the standards governing adverse credibility
determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034,
1039-40 (9th Cir. 2010). We deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on Guevara Trigueros’ failure to claim in her application and declaration a
political motive for the harm she experienced or fears, and based on the
implausibility of her testimony. See Shrestha, 590 F.3d at 1048 (adverse
credibility determination reasonable under the totality of circumstances); see also
Kin v. Holder, 595 F.3d 1050, 1056-57 (9th Cir. 2010) (failure to mention
participation in political demonstration on asylum application supported adverse
credibility determination). Thus, we deny Guevara Trigueros’ petition as to her
withholding of removal claim.
Substantial evidence supports the agency’s denial of CAT relief because
Guevara Trigueros failed to show it is more likely than not she will be tortured if
returned to Honduras. See Shrestha, 590 F.3d at 1048-49. Thus, we deny Guevara
Trigueros’ petition as to her CAT claim.
PETITION FOR REVIEW DENIED.
13-73074 2
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