FILED
NOT FOR PUBLICATION FEB 25 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ZHENXIN QU, No. 12-70010
Petitioner, Agency No. A098-475-660
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Zhenxin Qu, a native and citizen of China, petitions pro se for review of the
Board of Immigration Appeals’ order summarily affirming an immigration judge’s
decision denying his application for asylum, withholding of removal, and relief
under the Convention Against Torture (“CAT”). We have jurisdiction under 8
*
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).
U.S.C. § 1252. We review for substantial evidence the agency’s factual findings,
applying the standards governing adverse credibility determinations created by the
REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir. 2010). We deny
the petition for review.
Qu claims his company sent him to a labor camp for expressing support for
Falun Gong. Substantial evidence supports the adverse credibility determination
based on the conflict between Qu’s testimony regarding the dates he was at the
labor camp and the document he submitted from his company showing he was to
attend a multiday seminar during that same time. See id. at 1048. In the absence
of credible testimony, Qu’s asylum and withholding of removal claims fail. See
Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Because Qu’s CAT claim is based on the same testimony the agency found
not credible, and he points to no other evidence showing it is more likely than not
he will be tortured if returned to China, his CAT claim also fails. See id. at 1156-
57.
PETITION FOR REVIEW DENIED.
2 12-70010