FILED
NOT FOR PUBLICATION MAR 07 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DEZHU JIN; HAIYAN HUANG, a.k.a. No. 07-74752
Ijan Wang,
Agency Nos. A097-351-362
Petitioners, A097-351-363
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Dezhu Jin and Haiyan Huang, natives and citizens of China, petition pro se
for review of the Board of Immigration Appeals’ order dismissing their appeal
from an immigration judge’s decision denying their application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
*
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).
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence,
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
because Huang’s testimony was internally inconsistent and inconsistent with her
asylum application regarding whether Chinese police beat and tortured her during
an alleged six-day detention. See Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir.
2001). Huang’s explanation for the inconsistencies does not compel a contrary
conclusion. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). Accordingly, in
the absence of credible testimony, petitioners’ asylum and withholding of removal
claims fail. See Farah, 348 F.3d at 1156.
Because petitioners’ CAT claim is based on the testimony the agency found
not credible, and they point to no evidence in the record that compels the
conclusion that it is more likely than not they would be tortured if returned to
China, their CAT claim also fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
2 07-74752