Donghu Li v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DONGHU LI,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 10-73163
Agency No. A099-892-628
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Donghu Li, 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
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 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
DEC 20 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 10-73163
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 Li’s inconsistent testimony as to his baptism. See id. at 1048 (adverse
credibility determination supported under the totality of the circumstances). Li’s
explanation for the inconsistency does not compel a contrary result. See Lata v.
INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the absence of credible testimony, in
this case, Li’s asylum and withholding of removal claims fail. See Farah v.
Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Li’s CAT claim fails because it is based on the same testimony the agency
found not credible, and the record does not otherwise compel the conclusion that it
is more likely than not he would be tortured by or with the consent or acquiescence
of the government if returned to China. See id. at 1156-57.
PETITION FOR REVIEW DENIED.

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