FILED
NOT FOR PUBLICATION MAY 21 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LI YU, No. 12-72671
Petitioner, Agency No. A099-448-710
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Li Yu, 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, withholding of removal, and
protection 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 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 agency’s adverse credibility finding, based
on lack of specificity and unresponsiveness in Yu’s testimony regarding his
religious activities in China. See id. at 1043-44; Ren v. Holder, 648 F.3d 1079,
1093-94 (9th Cir. 2011). The agency was not compelled to accept Yu’s
explanation for his failure to provide details. See Zamanov v. Holder, 649 F.3d
969, 974 (9th Cir. 2011). In the absence of credible testimony, Yu’s asylum and
withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
Because Yu’s CAT claim is based on the same testimony the BIA found not
credible, and the record does not otherwise compel the conclusion that it is more
likely than not that he will be tortured if returned to China, his CAT claim also
fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
2 12-72671