Qiyan Li v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
QIYAN LI,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-72862
Agency No. A087-853-531
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 5, 2014**
Before: HAWKINS, McKEOWN, and FRIEDLAND, Circuit Judges.
Qiyan Li, a native and citizen of China, petitions for review of the Board of
Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration
judge’s decision denying her application for asylum and withholding of removal.
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
FILED
DEC 12 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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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 BIA’s adverse credibility determination
based on Li’s testimony that her alleged arrest in China occurred on the same day
as her alleged baptism in the United States. See id. at 1048 (adverse credibility
finding reasonable under the totality of circumstances). In the absence of credible
testimony, Li’s asylum and withholding of removal claims fail. See Farah v.
Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.
12-72862 2

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