FILED
NOT FOR PUBLICATION MAR 24 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JAMES JEGANGA GUGUNI, No. 07-71738
Petitioner, Agency No. A079-358-447
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
James Jeganga Guguni, a native and citizen of Kenya, 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 relief under the Convention Against Torture (“CAT”). We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, 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
because the inconsistencies regarding the circumstances of the December 1993
arrest and the length of Guguni’s detention following that arrest go to the heart of
his claim. See Li v. Ashcroft, 378 F.3d 959, 962-64 (9th Cir. 2004) (as long as one
of the identified grounds is supported by substantial evidence and goes to the heart
of the claim, we are bound to accept the agency’s adverse credibility finding). The
agency properly considered and rejected Guguni’s explanations for those
inconsistencies. See id. at 963.
In the absence of credible testimony, Guguni’s asylum and withholding of
removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Because Guguni’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 he is returned to Kenya, his CAT claim fails. See id. at
1156-57.
PETITION FOR REVIEW DENIED.
2 07-71738