FILED
NOT FOR PUBLICATION SEP 28 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JINGHONG LUAN, No. 08-70064
Petitioner, Agency No. A098-440-485
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.
Jinghong Luan, a native and citizen of China, 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 jurisdiction
*
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).
under 8 U.S.C. § 1252. We review for substantial evidence adverse credibility
findings, Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003), and we deny the
petition for review.
Substantial evidence supports the agency’s adverse credibility
determination. See Kohli v. Gonzales, 473 F.3d 1061, 1071 (9th Cir. 2007)
(adverse credibility finding supported by substantial evidence based on
discrepancies between petitioner’s testimony and declaration). In the absence of
credible testimony, Luan failed to establish eligibility for asylum or withholding of
removal. See Farah, 348 F.3d at 1156.
Luan’s CAT claim also fails because it is based on the same testimony the
agency found not credible, and Luan does not point to any other evidence that
shows it is more likely than not he would be tortured if returned to China. See id. at
1156-57.
PETITION FOR REVIEW DENIED.
2 08-70064
Luan v. Holder
Combined Opinion