Opinion
No. 08-73494 Agency No. A096-361-933
09-17-2012
BAMBANG SUGIHARTO, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Bambang Sugiharto, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision denying his application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's factual findings, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001), and we deny the petition for review.
Substantial evidence supports the agency's adverse credibility finding because Sugiharto's declarations and testimony gave three different versions of the December 19, 1999, attack at the orphanage-the central incident of his claim, see id. at 1043 (inconsistencies about the events leading up to petitioner's departure and the number of times he was arrested went to the heart of the claim), and the agency reasonably rejected Sugiharto's explanations, see Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir. 2007). In the absence of credible testimony, Sugiharto's withholding of removal claim fails. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.