FILED
NOT FOR PUBLICATION FEB 23 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
YUANLIN TIAN, No. 06-72091
Petitioner, Agency No. A095-445-026
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Yuanlin Tian, a native and citizen of China, petitions pro se for review of a
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s (“IJ”) decision denying his application for asylum, withholding of removal,
*
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).
JLA/Research
and relief under the Convention Against Torture (“CAT”). We have jurisdiction
under 8 U.S.C. § 1252. We review for substantial evidence factual findings.
Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the
petition for review.
Substantial evidence supports the IJ’s adverse credibility determination. See
Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir. 2004); Lata v. INS, 204 F.3d 1241, 1245
(9th Cir. 2000). In the absence of credible testimony, Tian’s asylum and
withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
Because Tian’s CAT claim is based on the testimony the agency found not
credible, and he points to no evidence showing it is more likely than not he will be
tortured in China, his CAT claim also fails. Id. at 1156-57.
PETITION FOR REVIEW DENIED.
JLA/Research 2 06-72091