Tony Vianto v. Eric H. Holder Jr.

FILED NOT FOR PUBLICATION JUN 21 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT TONY AGUNG VIANTO, No. 08-71484 Petitioner,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