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Giovanni Duran v. Jefferson Sessions
699 F. App'x 756
| 9th Cir. | 2017
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*1 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. *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

[*] 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).

Case Details

Case Name: Giovanni Duran v. Jefferson Sessions
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Oct 30, 2017
Citation: 699 F. App'x 756
Docket Number: 16-70469
Court Abbreviation: 9th Cir.
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