FILED
NOT FOR PUBLICATION MAR 09 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FODAY SILLAH, No. 09-71526
Petitioner, Agency No. A096-151-081
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Foday Sillah, a native and citizen of Sierra Leone, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from the immigration
judge’s decision denying his application for withholding of removal and protection
under the Convention Against Torture (“CAT”). We have jurisdiction under
*
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).
8 U.S.C. § 1252. We review for substantial evidence, Li v. Ashcroft, 378 F.3d 959,
962 (9th Cir. 2004), and we deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based upon the omission from Sillah’s asylum application and declaration of his
siblings’ deaths, see id. at 962-64 (omissions and inconsistencies that go to the
heart of the petitioner’s claim support an adverse credibility finding), and Sillah’s
failure to provide reasonable explanations for the omissions, see Rivera v.
Mukasey, 508 F.3d 1271, 1275 (9th Cir. 2007). Accordingly, in the absence of
credible testimony, Sillah’s withholding of removal claim fails. See Farah v.
Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Finally, substantial evidence supports the agency’s denial of CAT relief
because Sillah failed to establish it is more likely than not that he will be tortured if
returned to Sierra Leone. See Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th
Cir. 2009).
PETITION FOR REVIEW DENIED.
2 09-71526
Foday Sillah v. Eric Holder, Jr.
Combined Opinion