Mr. Victoria, a.k.a. F.N.U. Victoria v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MR. VICTORIA, a.k.a. F.N.U. Victoria,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-72705
Agency No. A095-630-074
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Mr. Victoria, 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
FILED
DEC 19 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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under 8 U.S.C. § 1252. We review for substantial evidence the agency’s adverse
credibility determination, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir. 2001),
and we deny the petition for review.
Even if Victoria’s asylum application was timely, substantial evidence
supports the agency’s adverse credibility determination based on the
inconsistencies between his asylum application and testimony regarding the attack
on his cousin. See id. at 1043 (adverse credibility finding supported where it
related to the basis of petitioner’s alleged fear of persecution). Victoria’s
explanations do not compel a contrary result. See Lata v. INS, 204 F.3d 1241,
1245 (9th Cir. 2000). In the absence of credible testimony, Victoria’s asylum and
withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
Finally, Victoria’s CAT claim fails because it is based on the same
statements found not credible, and he does not point to any other evidence in the
record to demonstrate it is more likely than not he would be tortured by or with the
consent or acquiescence of a public official in Indonesia. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
10-72705 2

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