YU CHEN V. ERIC HOLDER, JR., No. 09-70560 (9th Cir. 2012)

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FILED JAN 24 2012 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT YU YING CHEN, No. 09-70560 Petitioner, Agency No. A097-390-663 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 17, 2012 ** Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges. Yu Ying Chen, a native and citizen of China, petitions pro se 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 relief under the Convention Against Torture ( CAT ). We have * 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). jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual findings, Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003), and we deny the petition for review. Substantial evidence supports the agency s adverse credibility determination based on Chen s failure to mention that she was forcibly sterilized during either of her interviews at the airport. See Liu v. Holder, 640 F.3d 918, 926 (9th Cir. 2011); Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir. 2011) (explanation was plausible, but record did not compel the finding that the IJ s unwillingness to believe it was erroneous). The agency s adverse credibility determination is also supported by the discrepancies between Chen s statements at the airport and her testimony regarding the circumstances of her arrest and release from custody, as well as the expert testimony that Chen s fine receipt was likely fraudulent. See Kohli v. Gonzales, 473 F.3d 1061, 1071 (9th Cir. 2007) (adverse credibility determination is supported by discrepancy between testimony and declaration); Desta v. Ashcroft, 365 F.3d 741, 745 (9th Cir. 2004). In the absence of credible testimony, Chen s asylum and withholding of removal claims fail. See Farah, 348 F.3d at 1156. Because Chen s CAT claim is based on the same evidence the agency found not credible, and she points to no other evidence showing it is more likely than not 2 09-70560 she will be tortured if returned to China, her CAT claim also fails. See id. at 1156-57. PETITION FOR REVIEW DENIED. 3 09-70560

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