HADJI HYDARA V. ERIC HOLDER, JR., No. 09-72194 (9th Cir. 2012)

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FILED MAR 05 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT HADJI HYDARA, No. 09-72194 Petitioner, Agency No.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

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