Gui Sheng Li v. Eric H. Holder, Jr., No. 12-2236 (8th Cir. 2012)

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Court Description: Petition for Review - Immigration. Adverse credibility finding was supported by substantial evidence, and petition for review is denied. [ December 06, 2012

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2236 ___________________________ Gui Sheng Li lllllllllllllllllllllPetitioner v. Eric H. Holder, Jr., Attorney General of United States lllllllllllllllllllllRespondent ____________ Petition for Review of an Order of the Board of Immigration Appeals ____________ Submitted: December 5, 2012 Filed: December 10, 2012 [Unpublished] ____________ Before MURPHY, ARNOLD, and SMITH, Circuit Judges. ____________ PER CURIAM. Gui Sheng Li, a native and citizen of China, petitions for review of an order of the Board of Immigration Appeals (BIA), which affirmed an immigration judge s denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT). After careful review, we find no basis for reversal. In particular, we conclude that the BIA s adverse credibility finding was supported by substantial evidence on the administrative record as a whole. See Ali v. Holder, 686 F.3d 534, 538-39 (8th Cir. 2012) (where BIA essentially adopts immigration judge s decision but adds its own reasoning, this court reviews both decisions together and will affirm if substantial evidence on record as whole supports agency decision); Fofanah v. Gonzales, 447 F.3d 1037, 1040 (8th Cir. 2006) (noting that adverse credibility finding was fatal to asylum, withholding-of-removal, and CAT claims because they were all based upon the same discredited testimony ). Accordingly, we deny the petition for review. See 8th Cir. R. 47B. ______________________________ -2-

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