NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 6 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LIU ZHU ZHANG, No. 13-73597
Petitioner, Agency No. A088-103-903
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2016**
Before: REINHARDT, W. FLETCHER, and OWENS, Circuit Judges.
Liu Zhu Zhang, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) 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
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
have 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 BIA’s adverse credibility determination
based on inconsistencies in Zhang’s testimony regarding his house church
attendance in China, inconsistencies between his testimony and documentary
evidence regarding his church attendance in the United States, and his non-
responsive and evasive demeanor. See id. at 1048 (adverse credibility finding
reasonable under the totality of the circumstances). In the absence of credible
testimony, Zhang’s asylum and withholding of removal claims fail. See Farah v.
Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Finally, Zhang’s CAT claim fails because it is based on the same evidence
that was found not credible, and the record does not otherwise compel the
conclusion that it is more likely than not he will be tortured by or with consent or
acquiescence of the Chinese government. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
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