Opinion
No. 12-73996 Agency No. A087-431-483
06-25-2014
FENGMIN CAO, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
Fengmin Cao, a native and citizen of China, petitions pro se 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 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 omissions in Cao's asylum application and written statement and inconsistencies in his testimony regarding a police beating, a requirement to report to the police once a month, going into hiding, and applying for a marriage permit. See Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir. 2011) (omitted incidents of arrest and mistreatment supported adverse credibility finding); Shrestha, 590 F.3d at 1048 (totality of the circumstances supported adverse credibility determination). In the absence of credible testimony, Cao's asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Because Cao's CAT claim is based on the same testimony the BIA found not credible, and the record does not otherwise compel the conclusion that it is more likely than not he will be tortured if returned to China, his CAT claim also fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.