Ying Lin 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NOT FOR PUBLICATION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
YING LIN,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-70895
Agency No. A098-955-636
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Ying Lin, a native and citizen of China, petitions for review of the 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
JUL 02 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-70895 2
8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings,
applying the new standards governing adverse credibility determinations created
by the Real ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir. 2010). We
deny the petition for review.
Under the totality of the circumstances, substantial evidence supports the
agency’s adverse credibility determination based on discrepancies between Lin’s
testimony and her declaration. See id. at 1047 (petitioner’s “inability to
consistently describe the underlying events that gave rise to his fear” supported an
adverse credibility finding). Accordingly, Lin’s asylum and withholding of
removal claims fail.
Because Lin’s CAT claim is based on the same testimony the agency found
not credible, and she points to no other evidence showing it is more likely than not
she will be tortured if returned to China, her CAT claim also fails. See Farah v.
Ashcroft, 348 F.3d 1153, 1156-57 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.

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