Tesfaye Aman Anshebo 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 concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TESFAYE AMAN ANSHEBO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-74875
Agency No. A095-323-450
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2010**
Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.
Tesfaye Aman Anshebo, a native and citizen of Ethiopia, 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
FILED
DEC 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-74875 2
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence an adverse
credibility determination, Rivera v. Mukasey, 508 F.3d 1271, 1274 (9th Cir. 2007),
and we deny the petition for review.
Substantial evidence supports the agency’s adverse credibility finding based
on inconsistencies in Anshebo’s testimony regarding the harm he suffered during
his detentions, see Kohli v. Gonzales, 473 F.3d 1061, 1071 (9th Cir. 2007), and
inconsistencies between his testimony and declaration concerning whether he
returned to Ethiopia after he was detained, see Chebchoub v. INS, 257 F.3d 1038,
1043 (9th Cir. 2001). In the absence of credible testimony, Anshebo’s asylum and
withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
Finally, because Anshebo’s CAT claim is based on testimony the agency
found not credible, and he points to no other evidence to show it is more likely
than not he would be tortured if returned to Ethiopia, his CAT claim fails. See id.
at 1156-57.
PETITION FOR REVIEW DENIED.

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