Hadji Hydara v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION MAR 05 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HADJI HYDARA, No. 09-72194
Petitioner, Agency No. A096-149-044
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Hadji Hydara, a native and citizen of Sierra Leone, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
removal, and protection under the Convention Against Torture (“CAT”). We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Zamanov
v. Holder, 649 F.3d 969, 973 (9th Cir. 2011), and we deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based upon the omission from Hydara’s asylum application of any attack on
himself, and on his differing accounts regarding the attack on his family. See id.(“Material alterations in the applicant’s account of persecution are sufficient to
support an adverse credibility finding.”). The agency reasonably rejected Hydara’s
explanations for the omission and inconsistencies. See Rivera v. Mukasey, 508
F.3d 1271, 1275 (9th Cir. 2007). Accordingly, in the absence of credible
testimony, Hydara’s asylum and withholding of removal claims fail. See Farah v.
Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Finally, because Hydara’s CAT claim is based on the same testimony found
to be not credible, and he does not point to any other evidence that shows it is more
likely than not that he will be tortured if returned to Sierra Leone, his CAT claim
also fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
2 09-72194