Yongfeng Xiao v. Eric Holder, Jr.

MEMORANDUM

Yongfeng Xiao, a native and citizen of China, petitions pro se for review of a Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) 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, including adverse credibility findings, Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003), and review de novo due process challenges, Shin v. Mukasey, 547 F.3d 1019, 1023 (9th Cir.2008). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on Xiao’s conflicting testimony and documentary evidence regarding her name, date of birth, and identification number. See Farah, 348 F.3d at 1156 . The agency was not compelled to accept Xiao’s explanations for the inconsistencies. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). In the absence of credible testimony, Xiao’s asylum and withholding claims fail. See Farah 348 F.3d at 1156 .

Because Xiao’s CAT claim is based on the same testimony the agency found…