Hadji Hydara v. Eric Holder, Jr.

MEMORANDUM

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 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…