Chengcai Yan 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 finds this case 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NOT FOR PUBLICATION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
CHENGCAI YAN,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-74995
Agency No. A098-161-545
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Chengcai Yan, 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
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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KN/Research 06-74995 2
under 8 U.S.C. § 1252. Reviewing for substantial evidence, Don v. Gonzales, 476
F.3d 738, 741 (9th Cir. 2007), we deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on an inconsistency between Yan’s testimony and his asylum declaration
regarding whether he read a book on Falun Gong while in China, see Li v.
Ashcroft, 378 F.3d 959, 963 (9th Cir. 2004), and based on his demeanor during the
hearing, see Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir. 1999). In the
absence of credible testimony, Yan failed to establish he is eligible for asylum or
withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.
2003).
Because Yan’s CAT claim is based on the testimony the agency found not
credible, and he points to no other evidence to show it is more likely than not he
would be tortured if he returned to China, his CAT claim fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.

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