Olesea Ursu v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
OLESEA URSU,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-72796
Agency No. A088-481-938
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Olesea Ursu, a native and citizen of Moldova, petitions for review of the
Board of Immigration Appeals’ order dismissing her appeal from an immigration
judge’s decision denying her application for asylum, withholding of removal, and
protection under the Convention Against Torture (“CAT”). We have jurisdiction
FILED
JAN 27 2016
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). We deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on the discrepancies and Ursu’s changing account as to whether she used
outside sources to prepare her written asylum application declaration, or completed
it solely in her own words. See id. at 1048. Ursu’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, Ursu’s asylum and withholding of removal claims
fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Ursu’s CAT claim also fails because it is based on the same statements
found not credible, and she points to no other evidence that compels the finding it
is more likely than not she would be tortured by or with the consent or
acquiescence of the government if returned to Moldova. See id. at 1157.
PETITION FOR REVIEW DENIED.
13-72796 2

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