Budhy Waluyo 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).
KAD/Research 07-71110
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BUDHY WALUYO,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71110
Agency No. A095-634-674
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.
Budhy Waluyo, a native and citizen of Indonesia, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s (“IJ”) decision denying his application for asylum, withholding of removal,
FILED
NOV 30 2009
MOLLY C. DWYER, CLERK
U .S. C O U R T O F AP PE ALS

-- 1 of 2 --

KAD/Research 07-71110 2
and protection under the Convention Against Torture (“CAT”). We have
jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial evidence,
Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir. 2008), and we deny the petition.
Substantial evidence supports the IJ’s adverse credibility determination
because Waluyo’s initial declaration omitted the threats, attack, and injury that led
to his flight from Indonesia, see Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th
Cir. 2003) (petitioner’s omission of a “dramatic pivotal event” from his asylum
application supported adverse credibility determination), and because Waluyo
testified inconsistently about his injury during this incident, see Li v. Ashcroft, 378
F.3d 959, 964 (9th Cir. 2004). In the absence of credible testimony, Waluyo’s
asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d
1153, 1156 (9th Cir. 2003).
Because Waluyo’s CAT claim is based on the testimony the IJ found not
credible, and Waluyo points to no other evidence to show it is more likely than not
he would be tortured if returned to Indonesia, his CAT claim fails. See id. at 1156-
57.
PETITION FOR REVIEW DENIED.

-- 2 of 2 --