Selvin Alfredo Bonilla- Aguilar v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SELVIN ALFREDO BONILLA-
AGUILAR,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-73125
Agency No. A094-917-849
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Selvin Alfredo Bonilla-Aguilar, a native and citizen of Honduras, petitions
for review of the Board of Immigration Appeals’ order dismissing his appeal from
an immigration judge’s decision denying his application for asylum, withholding
of removal, and relief under the Convention Against Torture (“CAT”). We have
FILED
JAN 23 2014
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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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 (9th Cir. 2010). We deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on the inconsistencies between Bonilla-Aguilar’s testimony and asylum
application affidavit regarding his alleged sexual assault by gang members and
whether he reported his other problems with gang members to a teacher. See id. at
1048 (adverse credibility determination was reasonable under the totality of
circumstances). Bonilla-Aguilar’s explanations do not compel a contrary result.
See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the absence of credible
testimony, his asylum and withholding of removal claims fail. See Farah v.
Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Bonilla-Aguilar’s CAT claim also fails because it is based on the same
statements found not credible, and he points to no other evidence in the record to
compel the finding that it is more likely than not he would be tortured by or with
consent or acquiescence of a public official in Honduras. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
11-73125 2

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