Jorge Luis Espilco-Ramirez 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).
RA/Research 06-71352
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JORGE LUIS ESPILCO-RAMIREZ,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-71352
Agency No. A076-858-438
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Jorge Luis Espilco-Ramirez, a native and citizen of Peru, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his applications for asylum and withholding
FILED
JAN 11 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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RA/Research 06-71352 2
of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for
substantial evidence findings of fact, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th
Cir. 2001), and de novo claims of constitutional violations, Colmenar v. INS, 210
F.3d 967, 971 (9th Cir. 2000). We deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on Espilco-Ramirez’s inconsistent testimony with respect to the number of
threatening notes he received from the Shining Path and when he began receiving
these notes. See Chebchoub, 257 F.3d at 1043 (9th Cir. 2001). In the absence of
credible testimony, Elpilco-Ramieriz failed to demonstrate eligibility for asylum
and withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.
2003).
We reject Espilco-Ramierez’s contention that he was deprived of a full and
fair hearing. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error
and prejudice to prevail on a due process claim).
PETITION FOR REVIEW DENIED.

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