Shouji Quan 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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SHOUJI QUAN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-70587
Agency No. A099-064-613
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 14, 2013**
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Shouji Quan, a native and citizen of China, petitions pro se 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
protection under the Convention Against Torture (“CAT”). We have jurisdiction
FILED
MAY 20 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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under 8 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, 1039-40 (9th
Cir. 2010). We deny the petition for review.
Even if his asylum application was timely, substantial evidence supports the
agency’s adverse credibility determination based on the inconsistencies relating to
Quan’s use of multiple passports. See Shrestha, 590 F.3d at 1046-47; Farah v.
Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003) (credible establishment of
applicant’s identity is a key element of the asylum claim). The agency was not
compelled to accept Quan’s explanations for the inconsistencies. See Zamanov v.
Holder, 649 F.3d 969, 974 (9th Cir. 2011). In the absence of credible testimony,
Quan’s asylum and withholding of removal claims fail. See Farah, 348 F.3d at
1156.
Quan’s CAT claim also fails because it is based on the same statements
found not credible, and the record does not otherwise compel the finding that it is
more likely than not that he would be tortured if returned to China. See id. at
1156-57.
PETITION FOR REVIEW DENIED.

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