Yanhua Chen 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NOT FOR PUBLICATION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
YANHUA CHEN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-74380
Agency No. A095-852-503
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN and N.R. SMITH, Circuit Judges.
Yanhua Chen, a native and citizen of China, petitions for review of a Board
of Immigration Appeals’ order dismissing her appeal from an immigration judge’s
(“IJ”) decision denying her application for asylum, withholding of removal, and
relief under the Convention Against Torture (“CAT”). We have jurisdiction under
FILED
SEP 22 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-74380 2
8 U.S.C. § 1252. We review for substantial evidence adverse credibility findings.
Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). We deny the petition for
review.
Substantial evidence supports the IJ’s adverse credibility finding because
Chen’s omission of her arrest and detention on her visa application goes to the
heart of her claim of persecution, see Chebchoub v. INS, 257 F.3d 1038, 1043 (9th
Cir. 2001), and Chen’s documentary evidence does not overcome this
inconsistency, see Oropeza-Wong v. Gonzales, 406 F.3d 1135, 1148 (9th Cir.
2005) (documentary evidence did not compel a contrary conclusion). In the
absence of credible testimony, Chen’s asylum and withholding of removal claims
fail. See Farah, 348 F.3d at 1156.
Because Chen’s CAT claim is based on the testimony the IJ found not
credible, and she points to no evidence showing it is more likely than not she will
be tortured in China, her CAT claim also fails. Id. at 1156-57.
PETITION FOR REVIEW DENIED.

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