Ruzhong Sun v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RUZHONG SUN,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 14-71575
Agency No. A099-067-886
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2019**
Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.
Ruzhong Sun, a native and citizen of China, petitions 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
relief under the Convention Against Torture (“CAT”). We have jurisdiction under
8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings,
* 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
MAR 18 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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 the inconsistencies in Sun’s testimony regarding his Special Operations
Permit and documentation photographs. See id. at 1048 (adverse credibility
determination reasonable under “the totality of circumstances”). Sun’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,
Sun’s asylum and withholding of removal claims fail. See Wang v. Sessions, 861
F.3d 1003, 1009 (9th Cir. 2017).
Sun’s CAT claim also fails because it is based on the same testimony that
the agency found not credible, and Sun does not point to any other evidence in the
record that compels the conclusion that it is more likely than not he would be
tortured by or with the consent or acquiescence of the government of China. See
id.
PETITION FOR REVIEW DENIED.

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