Mateo Ccohoa Fuentes 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NOT FOR PUBLICATION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
MATEO CCOHOA FUENTES; MARIA
ANGELICA SIME TOMAYLLA;
LILIANA MILAGROS CCOHOA SIME;
CARLA LIZBETH CCOHOA SIME,
Petitioners,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-70501
Agency Nos. A072-527-044
A078-112-846
A078-112-847
A078-112-848
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2010**
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Mateo Ccohoa Fuentes and his family, natives and citizens of Peru, petition
for review of the Board of Immigration Appeals’ order dismissing their appeal
from an immigration judge’s decision denying their application for asylum and
FILED
APR 20 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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06-70501 2
withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review
for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453
F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
because the inconsistencies regarding how the attackers of his bus identified
themselves goes to the heart of his claim of persecution. See Li v. Ashcroft, 378
F.3d 959, 962 (9th Cir. 2004). In the absence of credible testimony, Ccohoa’s
asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d
1153, 1156 (9th Cir. 2003).
We reject petitioners’ request for judicial notice. We also reject petitioners’
claim that they were denied a right to a full and fair hearing. See Lata v. INS, 204
F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice for a petitioner to
prevail on a due process claim).
PETITION FOR REVIEW DENIED.

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