Bambang Sugiharto 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NOT FOR PUBLICATION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
BAMBANG SUGIHARTO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-73494
Agency No. A096-361-933
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 10, 2012**
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Bambang Sugiharto, 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 withholding of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
FILED
SEP 17 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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the agency’s factual findings, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.
2001), and we deny the petition for review.
Substantial evidence supports the agency’s adverse credibility finding
because Sugiharto’s declarations and testimony gave three different versions of the
December 19, 1999, attack at the orphanage–the central incident of his claim, see
id. at 1043 (inconsistencies about the events leading up to petitioner’s departure
and the number of times he was arrested went to the heart of the claim), and the
agency reasonably rejected Sugiharto’s explanations, see Rivera v. Mukasey, 508
F.3d 1271, 1275 (9th Cir. 2007). In the absence of credible testimony, Sugiharto’s
withholding of removal claim fails. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
PETITION FOR REVIEW DENIED.

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