Li Yu v. Eric Holder, Jr.

MEMORANDUM

Li Yu, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection 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 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 finding, based on lack of specificity and unresponsiveness in Yu’s testimony regarding his religious activities in China. See id. at 1043-44 ; Ren v. Holder, 648 F.3d 1079, 1093-94 (9th Cir.2011). The agency was not compelled to accept Yu’s explanation for his failure to provide details. See Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir.2011). In the absence of credible testimony, Yu’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Yu’s CAT claim is based on the…