Francisco Cayetano v. Eric H. Holder Jr.

FILED
NOT FOR PUBLICATION APR 12 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FRANCISCO C. CAYETANO, No. 08-70889
Petitioner, Agency No. A070-085-038
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Francisco C. Cayetano, a native and citizen of the Philippines, 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
*
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).
substantial evidence findings of fact, including adverse credibility determinations,
Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001), and deny the petition for
review.
Substantial evidence supports the agency’s adverse credibility determination
because Cayetano admitted his original asylum application was not truthful
regarding the incident that allegedly prompted his persecutors to abduct and
threaten him. See Kaur v. Gonzales, 418 F.3d 1061, 1066-67 (9th Cir. 2005) (lying
on an asylum application is an “indication of dishonesty”); Don v. Gonzales, 476
F.3d 738, 741-42 (9th Cir. 2007) (discrepancies “regarding the event that allegedly
spurred [the persecutors] to threaten [petitioner] goes to the heart of his persecution
claim and is not trivial”). In the absence of credible testimony, Cayetano’s asylum
and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153,
1156 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.
2 08-70889