Cao Wang v. ERIC H. HOLDER Jr., Attorney General

07-75058Court of Appeals for the Ninth CircuitFeb 24, 2010

Full text

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).
KAD/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CAO WANG,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-75058
Agency No. A078-015-220
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.
Cao Wang, 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 and withholding of removal. We have
FILED
FEB 24 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Husyev v.
Mukasey, 528 F.3d 1172, 1177 (9th Cir. 2008), and we deny the petition for
review.
Substantial evidence supports the agency’s adverse credibility determination
based on the omission from Wang’s asylum application of her interrogations and
beating by the Chinese police, see Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.
2004), and Wang’s failure to explain these omissions when given the opportunity,
see Kaur v. Gonzales, 418 F.3d 1061, 1066-67 (9th Cir. 2005). In the absence of
credible testimony, Wang’s asylum and withholding of removal claims fail. See
Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.

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