Hongliang Liang v. Loretta E. Lynch

FILED NOT FOR PUBLICATION JAN 27 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HONGLIANG LIANG, No. 12-70418 Petitioner, Agency No. A099-043-103 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 20, 2016** Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges. Hongliang Liang, a native and citizen of China, petitions pro se 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 * 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). jurisdiction 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). We deny the petition for review. Substantial evidence supports the agency’s adverse credibility determination based on the discrepancies regarding Liang’s injuries, his manager’s attempt to bribe him, and the bribe his manager paid police. See id. at 1048 (adverse credibility determination supported under “the totality of circumstances”). Liang’s explanations do not compel the opposite result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the absence of credible testimony, Liang’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). Liang’s CAT claim also fails because it is based on the same testimony found not credible, and Liang does not point to any other evidence in the record that compels the conclusion it is more likely than not he would be tortured if returned to China. See id. at 1156-57. PETITION FOR REVIEW DENIED. 2 12-70418