NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 23 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BAOLIANG YAO, No. 13-73252
Petitioner, Agency No. A089-882-138
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Baoliang Yao, 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 applications for asylum, withholding of removal, and
protection under the Convention Against Torture (“CAT”). We have jurisdiction
under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual
*
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).
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 Yao’s conflicting testimony as to the documentation from the car
accident that killed his friend, and as to the location of his church meetings. See
Shrestha, 590 F.3d at 1048 (adverse credibility determination was reasonable
under the “totality of circumstances”). Yao’s explanations for these
contradictions do not compel a contrary result. See Lata v. INS, 204 F.3d 1241,
1245 (9th Cir. 2000). In the absence of credible testimony, Yao’s asylum and
withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
Substantial evidence also supports the agency’s denial of Yao’s CAT claim
because it was based on the same evidence found not credible and the record does
not otherwise compel the finding that it is more likely than not Yao would be
tortured by or with the consent or acquiescence of the government if returned to
China. See Shrestha, 590 F.3d at 1048-49.
PETITION FOR REVIEW DENIED.
2 13-73252