Longzhe Zheng v. Jefferson Sessions

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 28 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LONGZHE ZHENG, No. 14-73646
Petitioner, Agency No. A088-290-549
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Longzhe Zheng, 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 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 on an omission from Zheng’s declaration as to whether the police looked for
him after he left China and an inconsistency between his testimony and
documentary evidence as to whether he reported to the police on the same day he
visited the United States consulate. See id. at 1048 (adverse credibility finding
reasonable under the totality of the circumstances). Zheng’s explanations do not
compel a contrary conclusion. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.
2000). Thus, in the absence of credible testimony, in this case, Zheng’s asylum
and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153,
1156 (9th Cir. 2003).
Finally, Zheng’s CAT claim also fails because it is based on the same
testimony the agency found not credible, and Zheng does not point to any other
evidence in the record that compels the conclusion that it is more likely than not he
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would be tortured by or with the consent or acquiescence of the government of
China. Id. at 1156-57.
PETITION FOR REVIEW DENIED.
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