Wensheng Deng 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NOT FOR PUBLICATION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
WENSHENG DENG,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-70558
Agency No. A099-438-928
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 28, 2012**
Before: LEAVY, THOMAS, and CHRISTEN, Circuit Judges.
Wensheng Deng, 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
relief under the Convention Against Torture (“CAT”). We have jurisdiction under
FILED
MAR 09 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-70558 2
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 (9th Cir. 2010), and we
deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
because Deng’s testimony was internally inconsistent and inconsistent with his
application regarding whether his mother had ever met the man who introduced
Deng to a Christian home church. See id. at 1040-44 (adverse credibility
determination was reasonable under the REAL ID Act’s “totality of the
circumstances”). In the absence of credible testimony, Deng’s asylum and
withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156
(9th Cir. 2003).
Because Deng’s CAT claim is based on the same testimony the agency
found not credible, and he does not point to any evidence that shows it is more
likely than not that he would be tortured if returned to China, his CAT claim also
fails. See id. at 1156-57.
PETITION FOR REVIEW DENIED.

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