Adama Diallo 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NOT FOR PUBLICATION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
ADAMA DIALLO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-70148
Agency No. A097-597-051
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Adama Diallo, a native and citizen of Mauritania, 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,
and relief under the Convention Against Torture (“CAT”). We have jurisdiction
FILED
FEB 28 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-70148 2
under 8 U.S.C. § 1252. We review for substantial evidence factual findings, Farah
v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003), and we deny the petition for
review.
Substantial evidence supports the agency’s adverse credibility determination
based on the omission from Diallo’s initial asylum application and his 2006
declaration that he and his parents were slaves, and the discrepancy between his
testimony and his application regarding whether he escaped to Senegal or was
taken there by force. See Kohli v. Gonzales, 473 F.3d 1061, 1071 (9th Cir. 2007);
Rizk v. Holder, 629 F.3d 1083, 1088 (9th Cir. 2011) (“An IJ is not obliged to
provide a protracted written or oral analysis of the alien’s proffered explanation.”).
In the absence of credible testimony, Diallo’s asylum and withholding of removal
claims fail. See Farah, 348 F.3d at 1156.
Because Diallo’s CAT claim is based on the same testimony the agency
found not credible, and he points to no other evidence showing it is more likely
than not he will be tortured if returned to Mauritania, his CAT claim also fails. See
id. at 1156-57.
PETITION FOR REVIEW DENIED.

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