Wen Cheng v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit
Wen Cheng v. Eric H. Holder Jr., 469 F. App'x 613 (9th Cir. 2012)

Wen Cheng v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Wen Huei Cheng, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her 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, applying the new standards governing adverse credibility determinations created by the Real ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir. 2010). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on, among other findings, the inconsistency between Cheng’s testimony and the two different birth certificates she presented regarding her birthplace. See Pal v. INS, 204 F.3d 935, 938 (9th Cir. 2000). Cheng’s explanation that she is illiterate does not compel a contrary conclusion. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the absence of credible testimony, Cheng’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Because Cheng’s CAT claim is based on the testimony the agency found not credible, and she points to no other evidence showing it is more likely than not she will be tortured if returned to China, her CAT claim also fails. See id. at 1156-57.

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
WEN HUEI CHENG A.K.A. en Hui Zheng, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished