Ticonuwu

Ticonuwu v. Holder

Good Law
323 F. App'x 611
United States Court of Appeals for the Ninth CircuitApril 24, 2009No. 05-75214California259 words

Opinion

Lead Opinion

MEMORANDUM **

Fenty Ticonuwu, 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, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based upon a material, internal testimonial inconsistency, as well as discrepancies between Ticonuwu’s testimony and his amended asylum application, that were not persuasively explained. See Li, 378 F.3d at 962 . Accordingly, Ticonuwu has failed to establish eligibility for asylum. See id. at 964 (so long as one identified ground is supported by substantial evidence and goes to the heart of the claim, the court is bound to accept the agency’s adverse credibility finding)!

Because Ticonuwu failed to demonstrate eligibility for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See Farah…

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