FILED
NOT FOR PUBLICATION JAN 20 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KALWINDERJIT, No. 07-71890
Petitioner, Agency No. A098-816-973
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Kalwinderjit, 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 (“IJ”) denying his application for asylum, withholding of removal,
*
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).
NED/Research
and protection under the Convention Against Torture (“CAT”). We have
jurisdiction pursuant to 8 U.S.C. § 1252. We review for substantial evidence,
Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir. 2008), and we deny the petition
for review.
In his opening brief, Kalwinderjit fails to challenge the agency’s dispositive
determination that his asylum claim is time-barred. See Martinez-Serrano v. INS,
94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not supported by argument are
deemed waived).
Substantial evidence supports the agency’s adverse credibility
determination because Kalwinderjit’s vague and inconsistent testimony as to when
he hid in the garbage container to elude his persecutors gave the IJ reason to
question Kalwinderjit’s credibility and Kalwinderjit failed to provide corroborating
evidence to support his claim of memory loss. See Sidhu v. INS, 220 F.3d 1085,
1091-92 (9th Cir. 2000). In the absence of credible testimony, Kalwinderjit’s
withholding of removal claim fails. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
Because Kalwinderjit’s CAT claim is based on the same statements the
agency found not credible, and no other evidence shows it is more likely than not
NED/Research 2 07-71890
he would be tortured if returned to Indonesia, substantial evidence supports the
agency’s denial of CAT relief. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
NED/Research 3 07-71890