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Fernandes v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 265 (9th Cir. 2012)

Opinion

No. 09-72423 Agency No. A088-590-452

10-15-2012

JOHN HEDWIG FERNANDES, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

John Hedwig Fernandes, a native and citizen of India, 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 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 new standards governing adverse credibility determinations created by the REAL ID Act, Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010), and we deny the petition for review.

Substantial evidence supports the agency's adverse credibility determination based on Fernandes' omission from his declaration of two arrests and beatings by police in 2006, his inconsistent testimony regarding the reason for the arrests and beatings, and his inconsistent testimony regarding the length of time he was detained by police in 2004. See id. at 1048 (adverse credibility determination was reasonable under the REAL ID Act's "totality of the circumstances"). The agency reasonably rejected Fernandes' explanations for the omission and inconsistencies. See Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir. 2011). In the absence of credible testimony, Fernandes' asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Because Fernandes' CAT claim is based on the same testimony found to be not credible, and he points to no other evidence that shows it is more likely than not he would be tortured if returned to India, his CAT claim also fails. See id. at 1156-57.

PETITION FOR REVIEW DENIED.


Summaries of

Fernandes v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2012
485 F. App'x 265 (9th Cir. 2012)
Case details for

Fernandes v. Holder

Case Details

Full title:JOHN HEDWIG FERNANDES, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 15, 2012

Citations

485 F. App'x 265 (9th Cir. 2012)