Xibin Wu v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
XIBIN WU,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-72139
Agency No. A099-062-581
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Xibin Wu, a native and citizen of China, petitions for review of the Board of
Immigration Appeals’ order dismissing her appeal from the immigration judge’s
decision denying her application for asylum, withholding of removal, and relief
under the Convention Against Torture (“CAT”). We have jurisdiction under 8
FILED
DEC 2 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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U.S.C. § 1252. We review for substantial evidence the agency’s factual findings,
applying the REAL ID Act standards governing adverse credibility determinations.
Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir. 2010). We deny the petition.
Substantial evidence supports the agency’s adverse credibility determination
based on inconsistencies in her testimony regarding her inability to register her
marriage. See id. at 1048. In the absence of credible testimony, Wu’s asylum and
withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
Because Wu’s CAT claim is based on the same testimony the agency found
not credible, and she did not establish a clear probability that she will be tortured if
she returns to China, her CAT claim also fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
12-72139 2

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