Guguni v. Holder
Guguni v. Holder
Opinion
MEMORANDUM **
James Jeganga Guguni, a native and citizen of Kenya, petitions for review of the Board of Immigration Appeals’ order dis *741 missing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Rivera v. Mulcasey, 508 F.3d 1271, 1274 (9th Cir. 2007), and we deny the petition for review.
Substantial evidence supports the agency’s adverse credibility finding because the inconsistencies regarding the circumstances of the December 1993 arrest and the length of Guguni’s detention following that arrest go to the heart of his claim. See Li v. Ashcroft, 378 F.3d 959, 962-64 (9th Cir. 2004) (as long as one of the identified grounds is supported by substantial evidence and goes to the heart of the claim, we are bound to accept the agency’s adverse credibility finding). The agency properly considered and rejected Guguni’s explanations for those inconsistencies. See id. at 963.
In the absence of credible testimony, Guguni’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Because Guguni’s CAT claim is based on testimony the agency found not credible, and he points to no other evidence to show it is more likely than not he would be tortured if he is returned to Kenya, 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.
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