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NOT FOR PUBLICATION JUN 21 2011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