Yongjian Song v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
YONGJIAN SONG,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-74224
Agency No. A087-430-305
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 26, 2016**
Before: McKEOWN, WARDLAW, and PAEZ, Circuit Judges.
Yongjian Song, 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 relief under the Convention Against Torture (“CAT”). We have
* 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).
FILED
APR 29 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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jurisdiction 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 regarding Song’s bail receipt, the dates of his arrest
and last church meeting in China, and his vague and nonresponsive testimony.
See Shrestha, 590 F.3d at 1045, 1048 (adverse credibility determination was
reasonable under the totality of the circumstances). Song’s explanations do not
compel the contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000).
In the absence of credible testimony, Song’s asylum and withholding of removal
claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Finally, Song’s CAT claim also fails because it is based on the same
testimony the agency found not credible, and Song does not point to any evidence
that otherwise compels the conclusion that it is more likely than not he would be
tortured if returned to China. See id. at 1156-57.
PETITION FOR REVIEW DENIED.

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