Guillermo Castaneda; 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NOT FOR PUBLICATION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
GUILLERMO CASTANEDA; et al.,
Petitioners,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-72420
Agency Nos. A070-500-311
A098-814-549
A072-404-327
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 8, 2012**
Before: ALARCÓN, BERZON, and IKUTA, Circuit Judges.
Guillermo Castaneda and his family, natives and citizens of Guatemala,
petition for review of the Board of Immigration Appeals’ order dismissing their
appeal from an immigration judge’s decision denying their application for asylum,
withholding of removal, and protection under the Convention Against Torture
FILED
AUG 16 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 3 --

10-72420 2
(“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
evidence, Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir. 2011), and we deny the
petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on the discrepancies between Castaneda’s declaration and his testimony
regarding whether or not he was attacked in 1984 and the number of threatening
notes he received, and based on the omission from his declaration of receiving a
death threat in Tiquisate. See id. (“Material alterations in the applicant’s account
of persecution are sufficient to support an adverse credibility finding.”). The
agency reasonably rejected Castaneda’s explanations. See Rivera v. Mukasey, 508
F.3d 1271, 1275 (9th Cir. 2007). Accordingly, in the absence of credible
testimony, Castaneda’s asylum and withholding of removal claims fail. See Farah
v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Finally, because Castaneda’s CAT claim is based on the same testimony
found to be not credible, and he does not point to any other evidence that shows it
is more likely than not that he will be tortured if returned to Guatemala, his CAT
claim also fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
Judge Berzon:

-- 2 of 3 --

10-72420 3
I would instruct, prior to issuing a decision on the merits, that the parties
confer with the Ninth Circuit Mediation Office regarding whether they wish to
engage in mediation with respect to petitioners Osmar and Christian Castaneda.

-- 3 of 3 --