Yuanlin Tian v. ERIC H. HOLDER Jr., Attorney General

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).
JLA/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
YUANLIN TIAN,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-72091
Agency No. A095-445-026
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Yuanlin Tian, a native and citizen of China, petitions pro se for review of a
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s (“IJ”) decision denying his application for asylum, withholding of removal,
FILED
FEB 23 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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JLA/Research 06-72091 2
and relief under the Convention Against Torture (“CAT”). We have jurisdiction
under 8 U.S.C. § 1252. We review for substantial evidence factual findings.
Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the
petition for review.
Substantial evidence supports the IJ’s adverse credibility determination. See
Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir. 2004); Lata v. INS, 204 F.3d 1241, 1245
(9th Cir. 2000). In the absence of credible testimony, Tian’s asylum and
withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
Because Tian’s CAT claim is based on the testimony the agency found not
credible, and he points to no evidence showing it is more likely than not he will be
tortured in China, his CAT claim also fails. Id. at 1156-57.
PETITION FOR REVIEW DENIED.

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