PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION
T. Welch, Kevin MacMurray, and MacMurray & Associates on
brief for petitioner.
Brendan P. Hogan, Attorney, U.S. Department of Justice,
Office of Immigration Litigation, Joseph H. Hunt, Assistant
Attorney General, Civil Division, and Cindy S. Ferrier,
Assistant Director, on brief for respondent.
Torruella, Lynch, and Kayatta, Circuit Judges.
Antonio Loja-Paguay, a native and citizen of Ecuador, seeks
review of a Board of Immigration Appeals (BIA) decision
affirming an Immigration Judge's (IJ) denial of his
claims for asylum under the Immigration and Nationality Act
(INA) § 208, 8 U.S.C. § 1158, withholding of
removal under INA § 241(b)(3), 8 U.S.C. §
1231(b)(3), and protection under Article 3 of the United
Nations Convention Against Torture (CAT) 
found that Loja was not a credible witness based on several
discrepancies in his testimony that were not adequately
explained, and the combination of that finding and the
remaining evidence demonstrated that Loja had not met his
burden for any relief. As to CAT relief, independent of
Loja's testimony, the IJ found there was nothing to show
Loja would be tortured upon his return to Ecuador. The IJ
ordered him removed. The BIA affirmed.
argues to us that the BIA erred in determining he had not
meaningfully challenged the adverse credibility finding, in
affirming that finding, and in failing to consider all the
evidence. Because there was substantial evidence supporting
the BIA's affirmance of the IJ's decision, we deny
the petition for review.
entered the United States on January 11, 2013, near Hidalgo,
Texas, and was apprehended by immigration officials. Loja
stated that he entered the United States because "he was
traveling to New Jersey to reside and to seek employment for
approximately two years." An asylum officer conducted a
credible fear interview with Loja in Spanish. Loja stated that
he could not return to Ecuador because of a series of events
that took place in November 2012.
to Loja, on November 15, 2012, two police officers entered
his food store and "said [he] had to sell drugs and guns
for them." Loja refused. On November 20, 2012, the two
officers returned with a third officer and told Loja that
"if [he] did not sell the drugs and guns," the
officers would kill him. The officers warned Loja not to tell
anyone else what they wanted. When the asylum officer asked
Loja why he did not report this incident to the police, Loja
gave two reasons: that the police in Ecuador are corrupt and
that his neighbors had told him the police killed his father.
After the incident, Loja's neighbor told him that one of
the police officers was the same person who killed his
father. Loja closed his store but reopened it on November 25,
2012. That day, the officers returned and beat Loja until he
was unconscious while saying, "we are going to kill
you." Loja did not report this incident because he
feared the police and now "knew that one of them killed
[his] father." Loja left Ecuador on November 27, 2012.
February 15, 2013, the Department of Homeland Security served
Loja with a Notice to Appear in removal proceedings, charging
that he was inadmissible under § 212(a) (7) (A) (i) (I)
of the INA, 8 U.S.C. § 1182(a) (7) (A) (i) (I). On April
16, 2014, Loja conceded removability and stated his intent to
seek asylum, withholding of removal, voluntary departure, and
relief under the CAT.
day, Loja filed an application for asylum. The affidavit
attached to the asylum application described the same three
events involving the police that he had recounted in the
credible fear interview. Loja again said that he fled Ecuador
out of fear that the police officers would return and kill
him "like they killed [his] father."
merits hearing in 2017, Loja testified with the assistance of
an interpreter. Loja told the IJ about the same three
incidents involving police officers, and stated that he did
not report the incidents due to police corruption in Ecuador.
But he did not say that one of those officers had killed his