Renying Li v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION OCT 22 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT RENYING LI, No. 11-71214 Petitioner, Agency No. A099-462-825 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 15, 2013** Before: FISHER, GOULD, and BYBEE, Circuit Judges. Renying Li, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum, withholding of removal, and relief 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 the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010). We deny the petition for review. Substantial evidence supports the BIA’s adverse credibility determination based on inconsistencies between Li’s testimony and her household registry, and her failure to offer a meaningful explanation for the inconsistencies. See id. at 1047 (adverse credibility determination supported based on totality of the circumstances); see also Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir. 2011). In the absence of credible testimony, Li’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). Because Li’s CAT claim is based on the same testimony the BIA found not credible, and the record does not otherwise compel the conclusion that it is more likely than not that she will be tortured if returned to China, her CAT claim also fails. See id. at 1156-57. PETITION FOR REVIEW DENIED. 2 11-71214