Qianli Jin v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION NOV 25 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
QIANLI JIN, No. 11-71950
Petitioner, Agency No. A099-037-564
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Qianli Jin, 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 8
*
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).
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 (9th Cir. 2010). We deny
the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on the agency’s finding that Jin’s testimony was frequently unresponsive, his
lack of candor regarding the church he was attending currently, and his failure to
submit reliable evidence to corroborate his claim. See Huang v. Holder, 744 F.3d
1149, 1154-55 (9th Cir. 2014); Shrestha, 590 F.3d at 1048 (adverse credibility
determination was supported by the “totality of the circumstances”). In the
absence of credible testimony, Jin’s asylum and withholding of removal claims
fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Because Jin’s CAT claim is based on the same testimony the agency found
not credible, and he does not point to any other evidence showing it is more likely
than not he will be tortured if returned to China, his CAT claim also fails. See id.
at 1156-57.
PETITION FOR REVIEW DENIED.
2 11-71950