Gerry Widjaja v. Eric Holder, Jr.

Good Law
485 F. App'x 256
United States Court of Appeals for the Ninth CircuitOctober 12, 201210-70671California270 words

Opinion

Opinion

MEMORANDUM

Gerry Nata Widjaja, 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 asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the new standards governing adverse credibility determinations created by the Real ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We deny the petition for review.

The record does not compel reversal of the agency’s adverse credibility determination based on inconsistencies within his testimony regarding if and/or when he told his parents he was afraid of the Muslim leader, and based on the evasive nature of his testimony regarding who took care of him after his parents disappeared. See id. at 1045-47 (adverse credibility finding reasonable under totality of circumstances); Wang v. INS, 352 F.3d 1250, 1256-57 (9th Cir.2003) (adverse credibility finding based on evasive testimony). In the absence of credible testimony, Widjaja’s asylum and…

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