Ji Cao v. Eric Holder, Jr. , 537 F. App'x 754 ( 2013 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT AUG 15 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
JI HUI CAO, No. 11-73621
Petitioner, Agency No. A088-465-503
v.
MEMORANDUM*
ERIC H. HOLDER JR., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 13, 2013**
San Francisco, California
Before: HAWKINS, THOMAS, and McKEOWN, Circuit Judges.
Ji Hui Cao (“Cao”), a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ (“BIA”) 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
*
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).
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 deny the petition for review.
Substantial evidence supports the BIA’s adverse credibility determination based
on inconsistencies between Cao’s testimony and his brother’s testimony regarding the
circumstances of Cao’s wife’s forced sterilization. See Shrestha, 590 F.3d at 1048(adverse credibility determination reasonable under totality of the circumstances).
Because it is not the case that “any reasonable adjudicator would be compelled to
conclude” that Cao is credible, 8 U.S.C. § 1252(b)(4)(B), we uphold the agency’s
adverse credibility determination. In the absence of credible testimony, Cao’s asylum
and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
PETITION DENIED.
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