Yiping Li v. Ashcroft

MEMORANDUM **

Yiping Li, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ summary affirmance of the immigration judge’s (“IJ”) denial of his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 (a). We review for substantial evidence, Chebchoub v. INS, 257 F.3d 1038, 1042 (9th Cir.2001), and we deny the petition for review.

Substantial evidence in the record supports the IJ’s adverse credibility finding based on Li’s implausible testimony *871 that the Chinese government allowed him to twice depart the country during the very time that it started to crack down on Falun Gong practitioners, notwithstanding the government’s knowledge that Li was a Falun Gong practitioner. See Id. at 1043 .

Because Li failed to demonstrate that he was eligible for asylum, it follows that he did not satisfy the more stringent standard for withholding of removal. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Substantial evidence also supports the I J’s conclusion that Li is not entitled to relief under the CAT because he failed to demonstrate that it is more likely than not that he will be tortured if…