FILED
NOT FOR PUBLICATION APR 25 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
TASLIMA RAHMAN, No. 09-71391
Petitioner, Agency No. A070-900-957
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2012 **
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Taslima Rahman, a native and citizen of Bangladesh, 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
*
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 findings of
fact, including adverse credibility determinations. See Chebchoub v. INS, 257 F.3d
1038, 1042 (9th Cir. 2001). We deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
because Rahman testified inconsistently regarding whether she learned she was
charged with a crime before she fled Bangladesh and omitted from her asylum
application that her brother was arrested and interrogated when police came to her
home to look for her. See Chebchoub, 257 F.3d at 1043. In the absence of
credible testimony, Rahman’s asylum and withholding of removal claims fail. See
Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Because Rahman’s CAT claim is based on the same testimony found to be
not credible, and Rahman does not point to any other evidence that shows it is
more likely than not she would be tortured if returned to Bangladesh, her CAT
claim fails. See id. at 1157.
PETITION FOR REVIEW DENIED.
2 09-71391