FILED
NOT FOR PUBLICATION OCT 1 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUNFENG WANG, No. 11-73279
Petitioner, Agency No. A099-421-440
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 23, 2014**
Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
Junfeng Wang, a native and citizen of China, petitions pro se for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
*
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).
Our jurisdiction is governed by 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 in part and dismiss in part the petition
for review.
Substantial evidence supports the agency’s adverse credibility determination
based on both inconsistencies within Wang’s testimony, and between his testimony
and declaration, regarding where and when Wang was arrested for his house
church activities. See id. at 1048 (adverse credibility determination was reasonable
under the totality of the circumstances). We reject Wang’s contention that the
inconsistencies were minor or immaterial. See id. at 1043-44. The physician’s
letter Wang submitted to corroborate his claim of forced sterilization does not
overcome the inconsistencies in his testimony. See Garcia v. Holder, 749 F.3d
785, 791 (9th Cir. 2014). In the absence of credible testimony, Wang’s asylum and
withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
We lack jurisdiction to review Wang’s unexhausted contentions regarding
his wife’s abortion, the IJ’s failure to consider the country conditions reports, and
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his arguments regarding a pattern and practice of persecution and the disfavored
group analysis. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
Finally, we reject Wang’s contention that the BIA erred in finding that he
did not meaningfully challenge the denial of CAT relief.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
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