Qun Li v. Loretta E. Lynch , 641 F. App'x 766 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 22 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
QUN LI, No. 14-70011
Petitioner, Agency No. A087-827-766
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 15, 2016**
Before: GOODWIN, LEAVY, and CHRISTEN, Circuit Judges.
Qun Li, 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
*
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).
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), and we deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on Li’s voluntary return to China for which Li did not provide a compelling
reason. See id. at 1048; Loho v. Mukasey, 531 F.3d 1016, 1018-19 (9th Cir. 2008)
(voluntary return trips supported adverse credibility determination). In the
absence of credible testimony, Li ’s asylum and withholding of removal claims
fail. See Huang v. Holder, 744 F.3d 1149, 1156 (9th Cir. 2014).
Finally, Li’s CAT claim fails because it is based on the same evidence the
agency found not credible, and Li does not point to any other evidence that
compels the conclusion it is more likely than not he would be tortured by or with
the consent or acquiescence of the government if returned to China. See Shrestha,
590 F.3d at 1048-49.
PETITION FOR REVIEW DENIED.
2 14-70011