Githere

Githere v. Holder

Good Law
333 F. App'x 307
United States Court of Appeals for the Ninth CircuitOctober 5, 2009No. 04-75042California475 words

Opinion

Lead Opinion

MEMORANDUM **

Charles Githere, a native and citizen of Kenya, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) decision denying Githere’s application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We deny the petition for review.

We have jurisdiction under 8 U.S.C. § 1252 (a). We review for substantial evidence, reversing only if the record compels a contrary result. See Don v. Gonzales, 476 F.3d 738, 741 (9th Cir.2007).

Substantial evidence supports the agency’s adverse credibility determination based on contradictions between Githere’s testimony concerning allegations of mistreatment subsequent to multiple arrests and (1) his application to adjust status in which he asserted he had never been arrested; (2) a certifícate of good conduct from the Kenyan police; and (3) Don Ka-nuthia’s affidavit omitting mention of Gith-ere’s first arrest. See Goel v. Gonzales, 490 F.3d 735, 739 (9th Cir.2007); Wang v. INS, 352 F.3d 1250, 1258 (9th Cir.2003). We cannot say that the record compels us to find these inconsistencies immaterial or to accept Githere’s proffered…

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