FILED
NOT FOR PUBLICATION FEB 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MICHAEL FNU, No. 06-74751
Petitioner, Agency No. A096-361-111
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Michael FNU, 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 denying his application for withholding of removal. 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).
JK/Research
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence adverse
credibility determinations, and reverse only if the evidence compels a contrary
conclusion. See Singh v. Gonzales, 439 F.3d 1100, 1105 (9th Cir. 2006). We deny
the petition for review.
The agency found petitioner not credible because he omitted from his
original asylum application three incidents which allegedly precipitated his flight
from Indonesia. Petitioner asserted that in these incidents, he was detained,
threatened, and interrogated, and on two occasions, that he was brutally beaten to
the point of unconsciousness. Substantial evidence supports this adverse
credibility determination. See Alvarez-Santos v. INS, 332 F.3d 1245, 1254 (9th
Cir. 2003) (petitioner’s omission of a “dramatic, pivotal” event from asylum
application supported agency’s adverse credibility determination). In the absence
of credible testimony, petitioner’s withholding of removal claim fails. See Farah
v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.
JK/Research 2 06-74751