Toto Djong v. Eric Holder, Jr.

Good Law
467 F. App'x 748
United States Court of Appeals for the Ninth CircuitFebruary 6, 201209-73470California307 words

Opinion

Opinion

MEMORANDUM

Toto Djong, a native and citizen of Indonesia, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, including adverse credibility determinations. Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001). We review de novo claims of due process violations in immigration proceedings. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the inconsistency between Djong’s testimony and identification card regarding whether he was ever Buddhist, his inability to recall when he converted to Christianity, and his failure to provide evidence corroborating that he is a practicing Christian. See Mejia-Paiz v. INS, 111 F.3d 720 , 723-24 (9th Cir.1997); see also Sidhu v. INS, 220 F.3d 1085, 1090-92 (9th Cir.2000). In the absence of credible testimony, Djong’s withholding of…

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