Joshua Muwanga Kalebu v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSHUA MUWANGA KALEBU,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-72604
Agency No. A091-592-427
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted March 4, 2013
Seattle, Washington
Before: FERNANDEZ, W. FLETCHER, and RAWLINSON, Circuit Judges.
Petitioner Joshua Muwanga Kalebu (Kalebu) petitions for review of a
decision from the Board of Immigration Appeals (BIA) denying withholding of
removal and relief under the Convention Against Torture (CAT). We deny the
petition.
FILED
MAR 29 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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The BIA’s denial of withholding of removal based on its adverse credibility
determination was supported by substantial evidence given Kalebu’s fraud
conviction, his immigration fraud, and inconsistencies between Kalebu’s oral and
written statements. See Malkandi v. Holder, 576 F.3d 906, 917 (9th Cir. 2009), as
amended (“Under the substantial evidence standard, we may reverse a BIA
credibility determination only if the evidence that the petitioner presented was so
compelling that no reasonable factfinder could find that the petitioner was not
credible. . . .”) (citation, alteration, and internal quotation marks omitted); see also
Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010) (describing credibility
determinations under the REAL ID Act).
Substantial evidence supported the BIA’s denial of CAT relief as “the record
evidence does not compel the conclusion that [Kalebu] himself will be, more likely
than not, tortured upon his return. . . .” Alphonsus v. Holder, 705 F.3d 1031, 1049
(9th Cir. 2013) (emphasis in the original); see also Shrestha, 590 F.3d at 1048-49.
PETITION DENIED.

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