FILED
NOT FOR PUBLICATION JUN 21 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
TONY AGUNG VIANTO, No. 08-71484
Petitioner, Agency No. A095-630-009
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Tony Agung Vianto, a native and citizen of Indonesia, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for withholding of
removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial
*
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).
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 IJ’s adverse credibility determination
based on the omission from his declaration that the individual he fears is now on
the police force. See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir. 2004). We lack
jurisdiction to consider Vianto’s contention that the inconsistency was due to his
cultural background and language or cultural differences, because he did not
exhaust these arguments before the BIA. See Barron v. Ashcroft, 358 F.3d 674,
678 (9th Cir. 2004). In the absence of credible testimony, Vianto’s withholding of
removal claim fails. See Farah, 348 F.3d at 1156.
PETITION FOR REVIEW DENIED.
2 08-71484