Opinion
No. 14-71162
04-18-2016
CHUNE FU, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A089-718-850 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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 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 acquiescence of the government if returned to China. See Shrestha, 590 F.3d at 1048-49.
PETITION FOR REVIEW DENIED.