Weifen Sun v. Jefferson Sessions , 695 F. App'x 289 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 15 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WEIFEN SUN, No. 14-72474
Petitioner, Agency No. A099-967-633
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 9, 2017**
Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
Weifen Sun, native and citizen of China, 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 jurisdiction under
*
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).
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 Sun’s misrepresentations regarding her relationship with Wang. See id. at
1048; Singh v. Holder, 643 F.3d 1178, 1181 (9th Cir. 2011) (an “applicant who lies
to immigration authorities casts doubt on his credibility and the rest of his story”);
Garcia v. Holder, 749 F.3d 785, 791 (9th Cir. 2014) (evidence was insufficient to
rehabilitate testimony or support independent claim for relief). In the absence of
credible testimony, in this case, Sun’s asylum and withholding of removal claims
fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Sun’s CAT claim also fails because it is based on the same testimony the
agency found not credible, and Sun does not point to any evidence that compels the
conclusion that it is more likely than not she would be tortured if returned to
China. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
2 14-72474