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CABRERA VALENCIA v. WILKINSON (2021)

United States Court of Appeals, Ninth Circuit.2021-01-26No. No. 18-72904

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Opinion

MEMORANDUM **

Rogaciano Cabrera-Valencia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judges decision denying his application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agencys factual findings, applying the standards governing adverse credibility determinations under the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010). We review de novo claims of due process violations in immigration proceedings. Jiang v. Holder, 754 F.3d 733, 738 (9th Cir. 2014). We deny the petition for review.

Substantial evidence supports the agencys adverse credibility determination based on Cabrera-Valencias statements to immigration officials that he did not fear returning to Mexico and his vague testimony about the PRD political party. See Shrestha, 590 F.3d at 1048 (adverse credibility determination reasonable under “the totality of circumstances”). We do not consider Cabrera-Valencias contentions concerning the origins of the Knights Templar and his brothers’ disappearances. See Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir. 2011) (review limited to the grounds relied on by the BIA). Thus, Cabrera-Valencias withholding of removal claim fails.

Cabrera-Valencias contention that his right to due process was violated by not being able to access records fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim).

Cabrera-Valencias request to remand to clarify testimony and apply for adjustment of status is denied.

PETITION FOR REVIEW DENIED.