Shouji Quan v. Eric Holder, Jr. ( 2013 )

FILED
NOT FOR PUBLICATION MAY 20 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SHOUJI QUAN, No. 10-70587
Petitioner, Agency No. A099-064-613
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 14, 2013 **
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Shouji Quan, a native and citizen of China, petitions pro se 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
protection under the Convention Against Torture (“CAT”). We have jurisdiction
*
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).
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.
Even if his asylum application was timely, substantial evidence supports the
agency’s adverse credibility determination based on the inconsistencies relating to
Quan’s use of multiple passports. See Shrestha, 590 F.3d at 1046-47; Farah v.
Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003) (credible establishment of
applicant’s identity is a key element of the asylum claim). The agency was not
compelled to accept Quan’s explanations for the inconsistencies. See Zamanov v.
Holder, 649 F.3d 969, 974 (9th Cir. 2011). In the absence of credible testimony,
Quan’s asylum and withholding of removal claims fail. See Farah, 348 F.3d at
1156.
Quan’s CAT claim also fails because it is based on the same statements
found not credible, and the record does not otherwise compel the finding that it is
more likely than not that he would be tortured if returned to China. See id. at
1156-57.
PETITION FOR REVIEW DENIED.
2 10-70587