Jorge Granados-Castro v. Eric Holder, Jr. ( 2013 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT OCT 01 2013
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
JORGE EDGARDO GRANADOS- No. 12-70872
CASTRO, a.k.a. Jorge Adgar Granados-
Castro Agency No. A200-691-607
Petitioner,
MEMORANDUM *
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 24, 2013 **
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Jorge Edgardo Granados-Castro, a native and citizen of El Salvador,
petitions pro se for review of the Board of Immigration Appeals’ order dismissing
his appeal from an immigration judge’s decision denying his application for
*
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).
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 standards
governing adverse credibility determinations created by the REAL ID Act.
Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010). We deny the petition
for review.
The record does not compel the conclusion that Granados-Castro established
extraordinary circumstances to excuse his untimely asylum application. See
8 C.F.R. § 1208.4(a)(5). Accordingly, Granados-Castro’s asylum claim fails.
Substantial evidence supports the agency’s adverse credibility determination
based on the omission from Granados-Castro’s application of the only harm he
allegedly suffered. See Zamanov v. Holder, 649 F.3d 969, 973-74 (9th Cir. 2011)
(adverse credibility finding supported where incidents petitioner omitted from
asylum application materially altered claim). Substantial evidence also supports
the agency’s finding that the background evidence does not support Granados-
Castro’s fear of future harm. See Chebchoub v. INS, 257 F.3d 1038, 1044 (9th Cir.
2001) (noting importance of country conditions evidence in evaluating context of
alleged persecution). Accordingly, Granados-Castro’s withholding of removal
claim fails.
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Finally, substantial evidence supports the agency’s denial of Granados-
Castro’s CAT claim because he failed to show it is more likely than not he will be
tortured if returned to El Salvador. See Silaya v. Mukasey, 524 F.3d 1066, 1073
(9th Cir. 2008).
PETITION FOR REVIEW DENIED.
3 12-70872