Qing Zhang v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
QING ZHANG,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-72510
Agency No. A099-739-483
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Qing Zhang, 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
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUN 22 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.
The agency found Zhang inconsistent as to his employment in China, and
found his testimony evasive. Substantial evidence supports the agency’s adverse
credibility determination based on these findings. See id. at 1048 (adverse
credibility finding reasonable under the totality of the circumstances). Zhang’s
explanations do not compel a contrary conclusion. See Zamanov v. Holder, 649
F.3d 969, 974 (9th Cir. 2011). In the absence of credible testimony, Zhang’s
asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d
1153, 1156 (9th Cir. 2003).
Finally, Zhang’s CAT claim also fails because it is based on the same
testimony the agency found not credible, and he does not point to any other
evidence in the record that compels the conclusion that it is more likely than not he
would be tortured by or with the consent or acquiescence of a public official in
China. See id. at 1156-57.
PETITION FOR REVIEW DENIED.

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