MEMORANDUM **
Harbjansingh Pupinderjeetsingh
1
(“petitioner”), a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judges (“IJ”) decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). 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 deny the petition for review.
In his opening brief, petitioner does not contest the BIAs determination that he waived any challenge to the IJs demeanor, implausibility, and relocation findings. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in a partys opening brief are waived).
Substantial evidence supports the agencys adverse credibility determination based on inconsistencies between petitioners 2002 asylum application and his 2018 declaration and testimony as to the harm he suffered prior to his first entry to the United States. See Shrestha, 590 F.3d at 1048 (adverse credibility determination reasonable under the totality of the circumstances). Petitioners explanations do not compel a contrary conclusion. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the absence of credible testimony, we deny the petition for review as to petitioners withholding of removal claim.
Substantial evidence also supports the agencys denial of petitioners CAT claim because it was based on the same testimony the agency found not credible, and petitioner does not point to any other evidence in the record that compels the conclusion that it is more likely than not he would be tortured by or with the consent or acquiescence of the government if returned to India. See Shrestha, 590 F.3d at 1048-49.
PETITION FOR REVIEW DENIED.
FOOTNOTES
1
. Although petitioners name appears as Harbjansingh Pupinderjeetsingh in the orders issued by the agency, the petition for review and opening brief filed in this court show his name as Harbhajan Singh.