Yang v. Holder , 375 F. App'x 761 ( 2010 )


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  •                              NOT FOR PUBLICATION
    UNITED STATES COURT OF APPEALS                       FILED
    FOR THE NINTH CIRCUIT                          APR 14 2010
    MOLLY C. DWYER, CLERK
    U .S. C O U R T OF APPE ALS
    HUIQIN YANG,                                     No. 07-71243
    Petitioner,                       Agency No. A095-316-176
    v.
    MEMORANDUM *
    ERIC H. HOLDER Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted April 5, 2010 **
    Before:        RYMER, McKEOWN, and PAEZ, Circuit Judges.
    Huiqin Yang, a native and citizen of China, petitions for review of the Board
    of Immigration Appeals’ order dismissing her appeal from an immigration judge’s
    decision denying her application for asylum, withholding of removal, and relief
    *
    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).
    under the Convention Against Torture (“CAT”). We have jurisdiction under
    
    8 U.S.C. § 1252
    . We review for substantial evidence, Tekle v. Mukasey, 
    533 F.3d 1044
    , 1051 (9th Cir. 2008), and we deny the petition for review.
    Substantial evidence supports the agency’s adverse credibility determination
    because Yang’s asylum application omitted that police shocked her with an electric
    baton, and the omission goes to the heart of her claim. See Li v. Ashcroft, 
    378 F.3d 959
    , 962-64 (9th Cir. 2004). In the absence of credible testimony, Yang’s asylum
    and withholding of removal claims fail. See Farah v. Ashcroft, 
    348 F.3d 1153
    ,
    1156 (9th Cir. 2003).
    Because Yang’s CAT claim is based on the same statements found to be not
    credible, and she does not point to any other evidence in the record that compels
    the conclusion she would more likely than not be tortured if returned to China,
    substantial evidence supports the agency’s denial of CAT relief. See 
    id. at 1156-1157
    .
    PETITION FOR REVIEW DENIED.
    2                                   07-71243
    

Document Info

Docket Number: 07-71243

Citation Numbers: 375 F. App'x 761

Filed Date: 4/14/2010

Precedential Status: Non-Precedential

Modified Date: 1/12/2023