Weiping Ji v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
WEIPING JI,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 13-70171
Agency No. A089-696-955
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 17, 2015**
Before: O’SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges.
Weiping Ji, a native and citizen of China, petitions for review of the Board of
Immigration Appeals’ (“BIA”) 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
* 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).
FILED
FEB 25 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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), and we deny the petition for review.
Substantial evidence supports the BIA’s adverse credibility determination
based on inconsistencies regarding whether Ji suffered a forced abortion or
miscarriage, the cause of her alleged fertility issues, and the level of testing required
to make a fertility diagnosis. See id. at 1048 (adverse credibility determination was
reasonable under the “totality of circumstances”). Ji’s explanations do not compel
a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the
absence of credible testimony, Ji’s asylum and withholding of removal claims fail.
See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Finally, Ji’s CAT claim fails because it is based on the same evidence the
agency found not credible, and she does not point to any other evidence in the record
that compels the finding that it is more likely than not she would be tortured by or
with the acquiescence of the government if returned to China. See id. at 1156-57.
PETITION FOR REVIEW DENIED.

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