FILED
NOT FOR PUBLICATION MAR 3 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
YONGQIANG MA, No. 12-71305
Petitioner, Agency No. A088-291-908
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.
Yongqiang Ma, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his application for asylum and withholding
*
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).
12-71305
of removal. We have jurisdiction under 8 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.
Substantial evidence supports the BIA’s adverse credibility determination,
including inconsistencies between Ma’s testimony and written declaration
regarding whether a written petition was filed with the government, when he
learned about the alleged corrupt activities, as well as discrepancies regarding the
documentation he submitted in support of his visa application. See id. at 1045-48
(substantial evidence supported agency’s adverse credibility finding under “totality
of the circumstances” ). The agency was not compelled to accept Ma’s
explanations for these inconsistencies. See Zamanov v. Holder, 649 F.3d 969, 974
(9th Cir. 2011). In the absence of credible testimony, Ma’s asylum and
withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
PETITION FOR REVIEW DENIED.
2 12-71305