BINGHUI HAN V. ERIC HOLDER, JR., No. 11-72996 (9th Cir. 2014)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT FEB 24 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS BINGHUI HAN, No. 11-72996 Petitioner, Agency No. A088-465-571 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 18, 2014** Before: ALARCÃ N, O SCANNLAIN, and FERNANDEZ, Circuit Judges. Binghui Han, a native and citizen of China, petitions for review of the Board of Immigration Appeals ( BIA ) 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 * 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). 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). We deny the petition for review. Substantial evidence supports the BIA s adverse credibility determination based on an inconsistency between Han s testimony and his written asylum statement regarding the abuse by fellow inmates he allegedly experienced in detention, and based on his implausible testimony regarding his wife s actions. See id. at 1043-44; Cui v. Holder, 712 F.3d 1332, 1337-38 (9th Cir. 2013) (substantial evidence supported adverse credibility finding based in part on implausible testimony). Han s explanations do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). We reject Han s contention that the BIA s findings relied on speculation or conjecture. In the absence of credible testimony, Han s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). Finally, Han does not raise any arguments challenging the agency s denial of his CAT claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 2 11-72996 1996) (holding issues which are not specifically raised and argued in a party s opening brief are waived). PETITION FOR REVIEW DENIED. 3 11-72996

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