Yanting Liu v. Eric H. Holder Jr.

FILED NOT FOR PUBLICATION JUN 21 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT YANTING LIU; YANER LIU, No. 08-71725 Petitioners, Agency Nos. A098-448-363 A098-448-480 v. ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM * Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 15, 2011 ** Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges. Yanting Liu and Yaner Liu, natives and citizens of China, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for * 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). substantial evidence factual findings. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). We deny the petition for review. Substantial evidence supports the agency’s adverse credibility determination based on the inconsistencies in Yanting’s testimony regarding her husband’s visits and the timing of her alleged pregnancy. See Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir. 2004). Petitioners’ explanation that Yanting was confused does not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the absence of credible testimony, petitioners’ asylum and withholding of removal claims fail. See Farah, 348 F.3d at 1156. PETITION FOR REVIEW DENIED. 2 08-71725