Wisam Botros Oraha v. ERIC H. HOLDER Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
NV/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WISAM BOTROS ORAHA,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-74667
Agency No. A098-217-054
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Wisam Botros Oraha, a native and citizen of Iraq, petitions for review of the
Board of Immigration Appeals’ order affirming an immigration judge’s decision
denying his application for asylum and withholding of removal. We have
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence an adverse
credibility determination, Morgan v. Mukasey, 529 F.3d 1202, 1206 (9th Cir.
2008), and deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
because Oraha’s asylum application omitted his two month military detention and
the bombing of his store, see Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th Cir.
2003) (omission of a “dramatic, pivotal event” from asylum application supported
adverse credibility determination). These omissions go to the heart of Oraha’s
claim, see Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir. 2004) and Oraha’s
explanation does not compel reversal of the agency’s determination, see Lata v.
INS, 204 F.3d 1241, 1245 (9th Cir. 2000). Accordingly, in the absence of credible
testimony, Oraha’s asylum and withholding of removal claims fail. See Farah v.
Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.

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