FILED
NOT FOR PUBLICATION SEP 09 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SHAOPING WANG, No. 09-72452
Petitioner, Agency No. A099-044-503
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 30, 2013**
Pasadena, California
Before: O’SCANNLAIN and BEA, Circuit Judges, and NAVARRO, District
Judge.***
Petitioner Shaoping Wang, a native and citizen of China, applied for
withholding of removal and relief under the Convention Against Torture on the
*
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).
***
The Honorable Gloria M. Navarro, District Judge for the U.S. District
Court for the District of Nevada, sitting by designation.
ground that his participation in an underground Christian church caused Chinese
authorities to seek his arrest. The Immigration Judge (IJ) denied Wang’s
application, and the Board of Immigration Appeals affirmed. Wang asks that we
grant his petition for review.
We review credibility findings for substantial evidence. An adverse
credibility determination is “conclusive unless any reasonable adjudicator would
be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B); Rizk v.
Holder, 629 F.3d 1083, 1087 (9th Cir. 2011).
In this case, the IJ based his determination on inconsistencies in Wang’s
testimony regarding: (1) a written notification allegedly given to Wang’s wife by
the Chinese police, and (2) the date the Chinese police last visited Wang’s house.
He also relied on the demeanor and responsiveness of Wang’s testimony. These
were appropriate considerations for a credibility determination. See 8 U.S.C.
§ 1158(b)(1)(B)(iii).
Because the record supports the finding of inconsistent and evasive
testimony, we cannot disturb the adverse credibility finding. Without credible
testimony, Wang failed to meet his burdens of proof.
PETITION DENIED