NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 26 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT XUQIANG ZHANG, No. 16-70080 Petitioner, Agency No. A087-866-963 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 17, 2022** Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges. Xuqiang Zhang, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations under the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010). We deny the petition for review. Substantial evidence supports the agency’s adverse credibility determination based on inconsistencies in Zhang’s evidence regarding the time frame of his detention, whether he reported to the police as required, and whether he needed stitches. See id. at 1047-48 (adverse credibility finding reasonable under the totality of the circumstances). Zhang’s explanations do not compel a contrary conclusion. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the absence of credible testimony, Zhang’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). In light of this disposition, we need not reach his remaining contentions regarding the merits of his claims. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are not required to decide issues unnecessary to the results they reach). Substantial evidence also supports the agency’s denial of CAT relief because Zhang’s claim was based on the same testimony the agency found not credible, and Zhang does not point to any other evidence in the record that compels the conclusion that it is more likely than not he would be tortured in China. See 2 16-70080 Farah, 348 F.3d at 1157. The temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 3 16-70080 16-70080 Court of Appeals for the Ninth Circuit ca9 9th Cir. Xuqiang Zhang v. Merrick Garland 26 May 2022 Agency Unpublished 0bd12b69dbc0e09254e11dc91bf1ec235d8c96ed
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals