Not for Publication in West's Federal Reporter United States Court of Appeals For the First Circuit No. 18-1381 MARCOS DIMAS HERNANDEZ-MARTINEZ, Petitioner, v. MATTHEW G. WHITAKER,* ACTING ATTORNEY GENERAL, Respondent. PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Before Lynch, Stahl, and Kayatta, Circuit Judges. Daniel W. Chin, Kevin MacMurray, and MacMurray & Associates on brief for petitioner. Joseph H. Hunt, Assistant Attorney General, Civil Division, Paul Fiorino, Senior Litigation Counsel, Office of Immigration Litigation, and Deitz P. Lefort, Trial Attorney, Office of Immigration Litigation, on brief for respondent. * Pursuant to Fed. R. App. P. 43(c)(2), Acting Attorney General Matthew G. Whitaker has been substituted for former Attorney General Jefferson B. Sessions III as the respondent. January 17, 2019 LYNCH, Circuit Judge. Marcos Dimas Hernandez-Martinez, of El Salvador, petitions for judicial review of a Board of Immigration Appeals decision affirming an Immigration Judge's denial of asylum, withholding of removal, and voluntary departure under various provisions of the Immigration and Nationality Act. 8 U.S.C. § 1101 et seq. We deny the petition because each of the BIA's two holdings is supported by the record: Hernandez-Martinez failed to adequately raise the adverse credibility issue with the BIA, and, in any event, the IJ's determination that Hernandez- Martinez lacked credibility is supported by substantial evidence. I. Hernandez-Martinez entered the United States on May 10, 2012, near Hidalgo, Texas. He was apprehended and told the Border Patrol that he did not fear returning to El Salvador. At his later credible fear interview with an asylum officer on September 5, 2012, Hernandez-Martinez changed his story. He said that he did fear returning to El Salvador, and that was because members of Farabundo Martí National Liberation Front (FMLN), a Salvadoran political party, threatened and harmed him after he refused their demand that he plant illegal drugs at the coffee plantation where he worked. On May 5, 2017, the IJ denied Hernandez-Martinez's applications for relief and ordered him removed. The IJ found that Hernandez-Martinez's testimony was not credible and also that - 3 - he had submitted a frivolous asylum application. In denying Hernandez-Martinez's claims for relief, the IJ pointed to numerous discrepancies, including the contradiction between Hernandez- Martinez's statements when he first entered the United States and during his credible fear interview, and further contradictions in his testimony. Hernandez-Martinez testified at the asylum hearing that he suffered injuries at the hands of FMLN members for which he sought medical treatment, but he failed to mention this to the asylum officer. Moreover, in his credible fear interview, Hernandez-Martinez initially told the asylum officer that FMLN members had taken him to a house and tortured him for hours. Describing the same incident in the asylum hearing, however, Hernandez-Martinez did not repeat this description, instead saying only that the FMLN members punched him five or six times. The IJ also noted that Hernandez-Martinez's mother submitted a "letter" to the court, which did not support the petitioner's claims and made no mention of the alleged ...
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