Pachaian v. Holder

FILED
NOT FOR PUBLICATION DEC 01 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BIN BIN YANG, No. 06-70104
Petitioner, Agency No. A095-708-276
v.
MEMORANDUM *
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted November 6, 2009
Pasadena, California
Before: BRIGHT,** BYBEE, and M. SMITH, Circuit Judges.
Bin Bin Yang, a native and citizen of China, petitions for review of the
Board of Immigration Appeals’ order affirming an immigration judge’s decision to
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Myron H. Bright, Senior United States Circuit Judge
for the Eighth Circuit, sitting by designation.
deny his application for asylum, withholding of removal, and protection under the
Convention Against Torture (“CAT”) on the basis of adverse credibility
determinations. We have jurisdiction under 8 U.S.C. § 1252. After reviewing the
factual findings for substantial evidence, see Singh v. Gonzales, 439 F.3d 1100,
1105 (9th Cir. 2006), we deny the petition for review.
The record does not compel reversal of the adverse credibility
determinations because Yang testified inconsistently regarding his claim that
family planning authorities attempted to force his fiancée to undergo an abortion.
See 8 U.S.C. § 1158(b)(1)(B)(iii) (providing that under the REAL ID Act, an
immigration judge may base a credibility determination on the consistency of the
applicant’s statements, regardless of whether it goes to the heart of the applicant’s
claim); Kaur v. Gonzales, 418 F.3d 1061, 1067 (9th Cir. 2005) (inconsistencies
deprive an applicant’s testimony of the requisite “ring of truth”). The record also
establishes that Yang did not provide a credible explanation for why he failed to
provide documentary evidence in support of his claim. See Sidhu v. INS, 220 F.3d
1085, 1091 n.3 (9th Cir. 2000) (holding that an immigration judge could determine
that an applicant’s explanation for a lack of corroboration was not credible).
In the absence of credible testimony, Yang failed to demonstrate eligibility
for asylum or withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156
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(9th Cir. 2003). Furthermore, because Yang’s CAT claim relies on the same
evidence the immigration judge found not credible, and he does not point to
additional evidence to show it is more likely than not that he would be tortured if
he returned to China, his CAT claim fails. See id. at 1157.
PETITION FOR REVIEW DENIED.
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