Giovanni Duran v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 30 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GIOVANNI ARISTIDES DURAN, AKA No. 16-70469 Giovanni Duran, Agency No. A094-316-243 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 23, 2017** Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges. Giovanni Aristides Duran, 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 deferral of removal under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). § 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. Substantial evidence supports the agency’s adverse credibility determination based on Duran’s omission from his first two asylum applications of information regarding the harm his brother experienced from the MS-13 gang. See Shrestha, 593 F.3d at 1047; Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir. 2011) (an applicant “present[ing] substantially different accounts of mistreatment in successive asylum petitions” can constitute a material alteration sufficient to support an adverse credibility finding). Duran’s explanations do not compel a contrary conclusion. See Zamanov, 649 F.3d at 974. PETITION FOR REVIEW DENIED. 2 16-70469 16-70469 Court of Appeals for the Ninth Circuit ca9 9th Cir. Giovanni Duran v. Jefferson Sessions 30 October 2017 Agency Unpublished 31f498ae8534e2f182e136d7286da7ef4aa48817

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