Opinion
No. 13-73959
03-21-2016
PINBIN ZHAO, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A089-886-745 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Pinbin Zhao, a native and citizen of China, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's ("IJ") decision denying his application for asylum and withholding of removal. 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, 1039-1040 (9th Cir. 2010). We deny the petition for review.
Substantial evidence supports the agency's adverse credibility determination based on discrepancies the IJ identified between Zhao's testimony and declaration about his encounter with family planning officials. See id. at 1048 (adverse credibility determination was reasonable under the REAL ID Act's totality of the circumstances standard). In reaching this conclusion we do not rely on any alleged discrepancy as to the diamond ring. In the absence of credible testimony, Zhao's asylum and withholding of removal claims fail. See Farah v. Ashcroft, F.3d 1153, 1156 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.