Tra Bi Jean v. Eric Holder, Jr.

MEMORANDUM

Tra Bi Jean, a native and citizen of the Ivory Coast, 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, Rivera v. Mukasey, 508 F.3d 1271, 1274 (9th Cir.2007), and we deny the petition for review.

The agency found Jean not credible based upon inconsistencies between his testimony, application, and declaration, including the circumstances of his detention by rebels and his escape to Ghana. Jean fails to challenge the agency’s dispositive adverse credibility determination. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues that are not addressed in the argument portion of a brief are deemed waived). Accordingly, in the absence of credible testimony, Jean’s asylum and withholding claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Jean’s CAT claim is based on the same testimony found to be not credible, and he does not point to any evidence that shows…