FILED
NOT FOR PUBLICATION JUL 24 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
TRA BI JEAN, No. 10-70765
Petitioner, Agency No. A098-520-376
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 17, 2012 **
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Tra Bi Jean, a native and citizen of the Ivory Coast, 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 protection 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.
The agency found Jean not credible based upon inconsistencies between his
testimony, application, and declaration, including the circumstances of his
detention by rebels and his escape to Ghana. Jean fails to challenge the agency’s
dispositive adverse credibility determination. See Martinez-Serrano v. INS, 94
F.3d 1256, 1259-60 (9th Cir. 1996) (issues that are not addressed in the argument
portion of a brief are deemed waived). Accordingly, in the absence of credible
testimony, Jean’s asylum and withholding claims fail. See Farah v. Ashcroft, 348
F.3d 1153, 1156 (9th Cir. 2003).
Because Jean’s CAT claim is based on the same testimony found to be not
credible, and he does not point to any evidence that shows it is more likely than not
that he will be tortured if returned to the Ivory Coast, his CAT claim also fails. See
id. at 1156-57.
PETITION FOR REVIEW DENIED.
2 10-70765