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Hernandez-Villalta v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 24, 2012
467 F. App'x 550 (9th Cir. 2012)

Opinion

No. 09-71417 Agency No. A099-653-384

01-24-2012

WALTER OMAR HERNANDEZ-VILLALTA, 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NOT FOR PUBLICATION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: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.

Walter Omar Hernandez-Villalta, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision denying his application for asylum and withholding of removal. 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 because Hernandez-Villalta made no mention of his political party volunteer work in his asylum application, see Husyev v. Mukasey, 528 F.3d 1172, 1183 (9th Cir. 2008), and Hernandez-Villalta also failed to provide any corroboration of his political activities, see Mejia-Paiz v. INS, 111 F.3d 720, 723-24 (9th Cir. 1997). Hernandez-Villalta's explanations for the discrepancies do not compel a contrary conclusion. See Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir. 2007). In the absence of credible testimony, Hernandez-Villalta's asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

PETITION FOR REVIEW DENIED.


Summaries of

Hernandez-Villalta v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 24, 2012
467 F. App'x 550 (9th Cir. 2012)
Case details for

Hernandez-Villalta v. Holder

Case Details

Full title:WALTER OMAR HERNANDEZ-VILLALTA, Petitioner, v. ERIC H. HOLDER, Jr.…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jan 24, 2012

Citations

467 F. App'x 550 (9th Cir. 2012)