NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LORENZO URIAS-VARGAS; et al., 

Petitioners, 

 v. 

WILLIAM P. BARR, Attorney General, 

Respondent.

Nos. 18-71006 

18-73444 

Agency Nos. A208-553-521 

A208-463-285 

A208-463-286 

A208-463-287 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted April 17, 2019**

Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.

Lorenzo Urias-Vargas, his wife, and their two children, natives and citizens

of El Salvador, petition for review of the Board of Immigration Appeals’ (“BIA”) 

order dismissing their appeal from an immigration judge’s (“IJ”) decision denying 

their application for asylum, withholding of removal, and relief under the 

 

* 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).

FILED

APR 24 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 18-71006 & 18-73444

Convention Against Torture (“CAT”) (No. 18-71006) and the BIA’s order denying 

their motion to reconsider (No. 18-73444). 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 created by the REAL 

ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010). We review 

de novo questions of law, and we review for abuse of discretion the BIA’s denial 

of motions to reconsider. See Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th 

Cir. 2005). We deny the petitions for review. 

Substantial evidence supports the agency’s adverse credibility determination 

based on an inconsistency in Urias-Vargas’s testimony as to the number of times 

he paid extortion money to the gang and inconsistencies between Urias-Vargas’s

credible fear interview, asylum declaration, and testimony as to the gang’s 

demands and the harm he suffered. See Shrestha, 590 F.3d at 1048 (adverse 

credibility determination reasonable under “the totality of circumstances”). UriasVargas’ explanations do not compel a contrary conclusion. See Lata v. INS, 204 

F.3d 1241, 1245 (9th Cir. 2000). Thus, in the absence of credible testimony, in this 

case, we deny the petition for review as to petitioners’ asylum and withholding of 

removal claims. 
3 18-71006 & 18-73444

In light of this disposition, we need not reach petitioners’ contentions 

regarding their proposed social group. See Simeonov v. Ashcroft, 371 F.3d 532, 

538 (9th Cir. 2004).

Substantial evidence also supports the agency’s denial of petitioners’ CAT 

claim because it was based on the same evidence found not credible and petitioners

do not point to any other evidence in the record that compels the conclusion that it 

is more likely than not they would be tortured by or with the consent or 

acquiescence of the government if returned to El Salvador. See Shrestha, 590 F.3d

at 1048-49. 

We deny petitioners’ opposed motion for summary disposition (Docket 

Entry No. 10) and deny their motion for leave to file supplemental briefing 

(Docket Entry No. 17). See Karingithi v. Whitaker, 913 F.3d 1158, 1160-62 (9th 

Cir. 2019) (initial notice to appear need not include time and date information to 

vest jurisdiction in the immigration court).

The BIA did not abuse its discretion in denying petitioners’ motion to 

reconsider where the motion failed to identify any error of fact or law in the BIA’s 

prior order. 8 CFR § 1003.2(b)(1) (a motion to reconsider must specify errors of 

fact or law in a prior decision); see also Karingithi, 913 F.3d at 1160-62. Thus, the 
4 18-71006 & 18-73444

government’s motion for summary disposition (Docket Entry No. 28) is granted 

because the questions raised by this petition for review are so insubstantial as not 

to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th 

Cir. 1982) (stating standard).

PETITIONS FOR REVIEW DENIED.