NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LOUIDET SISTANIS; CHRISTELA JEAN,

Petitioners,

v. MERRICK B. GARLAND, Attorney General, Respondent. No. 20

- 72744 Agency Nos. A209

- 871

- 562

A209

- 867

- 749

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals
Submitted March 14, 2023 * *
Before: SILVERMAN, SUNG, and SANCHEZ, Circuit Judges.
Louidet Sistanis and Christela Jean , native s and citizen s of Haiti, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application s for asylum and voluntary depart ure , and Sistanis’s applications for withholding of

* 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). 

# FIL ED

MAR 17 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 20

- 72744

removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s 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 questions of law. Mohammed v. Gonzales , 400 F.3d 785, 791

- 92 (9th Cir. 2005). We deny the petition for review

. Substantial evidence supports the agency’s adverse credibility determination based on an inconsistency between Sistanis’s border interview and testimony regarding his reasons for fleeing Haiti and an omission regarding threats he
received in Hait i. See Shrestha , 590 F.3d at 1048 (adverse credibility finding reasonable under the totality of the circumstances); see also Singh v. Gonzales , 403 F.3d 1081, 1089 ( 9th Cir. 2005) ( indicia of reliability for interview with immigration officer) ; see also S ilva

- Pereira v. Lynch , 827 F.3d 1176, 1185 (9th Cir. 2016) (“[A]n adverse credibility determination may be supported by omissions that are not details, but new allegations that tell a much different

— and more compelling

— story of persecution than [the] initi al application[.]” (internal quotation marks and citation omitted))

. Sistanis’ s explanations do not compel a contrary conclusion. See Li v. Garland , 13 F.4th 954, 961 (9th Cir. 2021) (IJ not compelled to accept explanations for discrepancies). Thus, in the absence of credible testimony, petitioners’ asylum claim and Sistanis ’s withholding of3 20

- 72744

removal claim fail. See Farah v. Ashcroft , 348 F.3d 1153, 1156 (9th Cir. 2003).
Substanti al evidence also supports the agency’s denial of Sistanis ’s CAT
claim because it was based on the same testimony found not credible, and the
record does not compel the conclusion that it is more likely than not he would be tortured by or with the consent o r acquiescence of the government if returned to Haiti. See id. at 1157. We do not address Sistanis ’s contentions that, assuming his testimony was credible, he established eligibility for asylum and withholding of removal because the BIA did not deny relief on these grounds. See Santiago

- Rodriguez v. Holder , 657 F.3d 820, 829 (9th Cir. 2011) (“In reviewi ng the decision of the BIA, we consider only the grounds relied upon by that agency.” (citation and internal quotation marks omitted)). Petitioners forfeited any challenge to the denial of voluntary departure. See Lopez

- Vasquez v. Holder , 706 F.3d 1072, 1079

- 1080 (9th Cir. 2013); see also
Posos

- Sanchez v. Garland , 3 F.4th 1176, 1185 (9th Cir. 2021) ( statutorily deficient notice to appear does not trigger the voluntary departure stop

- time provision ); Karingithi v. Whitaker , 913 F.3d 1158, 1162 (9th Cir. 20 19) (new claim based on change of law may be raised in a motion to reconsider at the agency). The temporary stay of removal remains in place until the mandate issues.
PETITION FOR REVIEW DENIED .