FILED
NOT FOR PUBLICATION SEP 22 2010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
YANHUA CHEN, No. 07-74380
Petitioner, Agency No. A095-852-503
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN and N.R. SMITH, Circuit Judges.
Yanhua Chen, a native and citizen of China, petitions for review of a Board
of Immigration Appeals’ order dismissing her appeal from an immigration judge’s
(“IJ”) decision denying her application for asylum, withholding of removal, and
relief under the Convention Against Torture (“CAT”). We have jurisdiction under
*
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).
8 U.S.C. § 1252. We review for substantial evidence adverse credibility findings.
Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). We deny the petition for
review.
Substantial evidence supports the IJ’s adverse credibility finding because
Chen’s omission of her arrest and detention on her visa application goes to the
heart of her claim of persecution, see Chebchoub v. INS, 257 F.3d 1038, 1043 (9th
Cir. 2001), and Chen’s documentary evidence does not overcome this
inconsistency, see Oropeza-Wong v. Gonzales, 406 F.3d 1135, 1148 (9th Cir.
2005) (documentary evidence did not compel a contrary conclusion). In the
absence of credible testimony, Chen’s asylum and withholding of removal claims
fail. See Farah, 348 F.3d at 1156.
Because Chen’s CAT claim is based on the testimony the IJ found not
credible, and she points to no evidence showing it is more likely than not she will
be tortured in China, her CAT claim also fails. Id. at 1156-57.
PETITION FOR REVIEW DENIED.
2 07-74380