Guan

Wangyu Guan v. Holder

Good Law
427 F. App'x 606
United States Court of Appeals for the Ninth CircuitApril 20, 201105-77252California267 words

Opinion

Opinion

MEMORANDUM

Wangyu Guan and Lihua Tang, natives and citizens of China, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their 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 factual findings, Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003), and de novo due process claims, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based upon petitioners’ conflicting testimony regarding the date of Guan’s abortion. See Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004). In the absence of credible testimony, petitioners’ asylum and withholding of removal claims fail. See Farah, 348 F.3d at 1156 . In light of our conclusion, we need not address petitioners’ contention that their application is timely or that the IJ selectively quoted from the country conditions reports.

Petitioners did not advance an argument in support of their CAT claim in…

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