FILED
NOT FOR PUBLICATION MAY 06 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HONGWEI ZHANG, No. 08-70558
Petitioner, Agency No. A095-195-662
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
Hongwei Zhang, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s (“IJ”) decision denying his application for asylum, withholding of removal,
and relief 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, Li v. Ashcroft, 378
F.3d 959, 962 (9th Cir. 2004), and we deny the petition for review.
Substantial evidence supports the IJ’s adverse credibility finding because
Zhang testified inconsistently as to when he started practicing Falun Gong and
when he decided to leave China, see id., and Zhang failed to provide plausible
explanations for these inconsistencies, see Rivera v. Mukasey, 508 F.3d 1271, 1275
(9th Cir. 2007). Substantial evidence also supports the IJ’s adverse credibility
determination based on the IJ’s negative assessment of Zhang’s demeanor. See
Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir. 1999). In the absence of credible
testimony, Zhang’s asylum and withholding of removal claims fail. See Farah v.
Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Because Zhang’s CAT claim is based on the same evidence the agency
found not credible and he points to no further evidence to show it is more likely
than not he would be tortured if returned to China, his CAT claim fails. See id. at
1156-57.
PETITION FOR REVIEW DENIED.
2 08-70558