NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 18 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHUNE FU, No. 14-71162
Petitioner, Agency No. A089-718-850
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 13, 2016**
Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges.
Chune Fu, 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 application for asylum, withholding of removal, and relief
under the Convention Against Torture (“CAT”). We have jurisdiction under
*
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).
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 an omission from Fu’s written statement regarding being fired from her
job. See id. at 1048 (adverse credibility determination was reasonable under the
REAL ID Act’s totality of the circumstances standard); see also Zamanov v.
Holder, 649 F.3d 969, 973-74 (9th Cir. 2011) (upholding adverse credibility
determination based on omissions that “went to the core” of petitioner’s alleged
fear of persecution). In the absence of credible testimony, Fu’s asylum and
withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
Fu’s CAT claim fails because it is based on the same evidence the agency
found not credible, and she does not point to any record evidence that compels the
conclusion that it is more likely than not she would be tortured by or with the
2 14-71162
acquiescence of the government if returned to China. See Shrestha, 590 F.3d at
1048-49.
PETITION FOR REVIEW DENIED.
3 14-71162