Mingyu Du v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MINGYU DU,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-71876
Agency No. A205-543-205
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 15, 2017**
Before: CANBY, TROTT, and GRABER, Circuit Judges.
Mingyu Du, a native and citizen of China, petitions pro se for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s decision denying his 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 Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
NOV 21 2017
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). We deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on inconsistencies between Du’s testimony and documentary evidence as to
the reason he lost his job in China, whether the police informed him how long he
would be detained, and his intention to travel outside of China prior to his arrest.
See id. at 1048 (adverse credibility finding reasonable under the totality of the
circumstances). Du’s explanations do not compel a contrary conclusion. See Lata
v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). Thus, in the absence of credible
testimony, in this case, Du’s asylum and withholding of removal claims fail. See
Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Finally, Du’s CAT claim fails because it is based on the same testimony the
agency found not credible, and Du does not point to any other evidence in the
record that compels the conclusion that it is more likely than not he would be

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tortured by or with the consent or acquiescence of the government of China. Id. at
1156-57.
PETITION FOR REVIEW DENIED.

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