Guoming Zheng v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION JUL 30 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GUOMING ZHENG, No. 13-70072 Petitioner, Agency No. A089-884-573 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 22, 2014** Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges Guoming Zheng, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ 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, 1039-40 (9th Cir. 2010). Substantial evidence supports the agency’s adverse credibility determination based on inconsistencies within Zheng’s testimony and between his testimony and asylum application regarding the circumstances of his arrest and detention. See id. at 1048 (adverse credibility determination was reasonable under totality of circumstances). Zheng’s explanations do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). Further, Zheng does not challenge the agency’s demeanor finding. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996). In the absence of credible testimony, Zheng’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). Finally, Zheng’s CAT claim fails because it is based on the same evidence the agency found not credible, and he does not point to any other evidence in the record that compels the finding that it is more likely than not he would be tortured by or with the acquiescence of the government if returned to China. See id. at 1156-57. 2 13-70072 PETITION FOR REVIEW DENIED. 3 13-70072