FILED
NOT FOR PUBLICATION FEB 24 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CAO WANG, No. 07-75058
Petitioner, Agency No. A078-015-220
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.
Cao Wang, a native and citizen of China, petitions for review of the Board of
Immigration Appeals’ order dismissing her appeal from an immigration judge’s
decision denying her application for asylum and withholding of removal. We have
*
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).
KAD/Research
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Husyev v.
Mukasey, 528 F.3d 1172, 1177 (9th Cir. 2008), and we deny the petition for
review.
Substantial evidence supports the agency’s adverse credibility determination
based on the omission from Wang’s asylum application of her interrogations and
beating by the Chinese police, see Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.
2004), and Wang’s failure to explain these omissions when given the opportunity,
see Kaur v. Gonzales, 418 F.3d 1061, 1066-67 (9th Cir. 2005). 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).
PETITION FOR REVIEW DENIED.
KAD/Research 2 07-75058