Waluyo v. Holder

U.S. Court of Appeals for the Ninth Circuit
Waluyo v. Holder, 357 F. App'x 818 (9th Cir. 2009)
Alarcón, Trott, Tashima

Waluyo v. Holder

Opinion

MEMORANDUM **

Budhy Waluyo, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“U”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial evidence, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir. 2008), and we deny the petition.

Substantial evidence supports the IJ’s adverse credibility determination because Waluyo’s initial declaration omitted the threats, attack, and injury that led to his flight from Indonesia, see Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir. 2003) (petitioner’s omission of a “dramatic pivotal event” from his asylum application supported adverse credibility determination), and because Waluyo testified inconsistently about his injury during this incident, see Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir. 2004). In the absence of credible testimony, Waluyo’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Because Waluyo’s CAT claim is based on the testimony the IJ found not credible, and Waluyo points to no other evidence to show it is more likely than not he would be tortured if returned to Indonesia, his CAT claim fails. See id. at 1156-57.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

Reference

Full Case Name
Budhy WALUYO, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent
Status
Unpublished