NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 29 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SHOUQIN SONG, No. 14-70128
Petitioner, Agency No. A087-864-135
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 26, 2016**
Before: McKEOWN, WARDLAW, and PAEZ, Circuit Judges.
Shouqin Song, 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, 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 de novo due process challenges, Zetino v. Holder,
622 F.3d 1007, 1011-12 (9th Cir. 2010) (internal citation omitted), and 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.
We reject Song’s due process contention regarding her medical record. See
Lata v. INS, 204 F.3d 1241, 1046 (9th Cir. 2000) (requiring error and substantial
prejudice to prevail on a due process claim).
Substantial evidence supports the agency’s adverse credibility determination
based on inconsistencies between Song’s testimony and asylum declaration
regarding when she learned of her employer’s corruption and whether she received
unemployment benefits. See Shrestha, 590 F.3d at 1048 (adverse credibility
determination was reasonable under the “totality of the circumstances”). Song’s
explanations for the inconsistencies do not compel the contrary result. See Lata v.
INS, 204 F.3d 1241, 1245 (9th Cir. 2000). Further, substantial evidence supports
the agency’s finding that Song’s corroborative evidence does not independently
support her claim for relief. See Garcia v. Holder, 749 F.3d 785, 791 (9th Cir.
2 14-70128
2014). In the absence of credible testimony, Song’s asylum and withholding of
removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Finally, Song’s CAT claim also fails because it is based on the same
testimony the agency found not credible, and the record does not otherwise compel
the conclusion that it is more likely than not she would be tortured if returned to
China. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
3 14-70128