Zhanbo Yang v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ZHANBO YANG,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-72530
Agency No. A087-706-511
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Zhanbo Yang, a native and citizen of China, petitions 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
NOV 25 2015
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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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), and we deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on the inconsistencies between Yang’s testimony and documentary evidence
regarding his family planning claim. See id. at 1048 (adverse credibility
determination was reasonable under the REAL ID Act’s totality of the
circumstances standard). Yang’s explanations do not compel the opposite result.
See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the absence of credible
testimony, Yang’s asylum and withholding of removal claims fail. See Farah v.
Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Yang’s CAT claim also fails because it is based on the same testimony
found not credible, and he does not point to any other evidence that shows it is
more likely than not he would be tortured if returned to China. See id. at 1156-57.
PETITION FOR REVIEW DENIED.
2 13-72530

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