U.S. Court of Appeals for the Ninth Circuit, 2010

Romachkine v. Holder

Romachkine v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided February 24, 2010 · Fernandez, Gould, Smith
366 F. App'x 845

Romachkine v. Holder

Opinion

MEMORANDUM **

Cao Wang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir. 2008), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the omission from Wang’s asylum application of her interrogations and beating by the Chinese police, see Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir. 2004), and Wang’s failure to explain these omissions when given the opportunity, see Kaur v. Gonzales, 418 F.3d 1061, 1066-67 (9th Cir. 2005). In the absence of credible testimony, Wang’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153,1156 (9th Cir. 2003).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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