NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 13 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JINGHUI LU, No. 13-72427 Petitioner, Agency No. A087-601-052 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 11, 2019** Before: TROTT, SILVERMAN, and TALLMAN, Circuit Judges. Jinghui Lu, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s 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, * 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). applying the standards governing adverse credibility determinations created by the REAL ID Act. Jin v. Holder, 748 F.3d 959, 964 (9th Cir. 2014). We deny the petition for review. Substantial evidence supports the agency’s adverse credibility determination based on Lu’s submission of a falsified document, and the inconsistency between Lu’s testimony and asylum application as to her employment in China. See id. at 966-67 (fraudulent document properly considered and adverse credibility determination supported under the totality of the circumstances). Lu’s explanations do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). Thus, in the absence of credible testimony, in this case, Lu’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). Lu’s CAT claim fails because it is based on the same testimony the agency found not credible, and the record does not otherwise compel the conclusion that it is more likely than not she would be tortured by or with the consent or acquiescence of the government if returned to China. See id. at 1156-57. PETITION FOR REVIEW DENIED. 2 13-72427 13-72427 Court of Appeals for the Ninth Circuit ca9 9th Cir. Jinghui Lu v. William Barr 13 September 2019 Agency Unpublished 996bc3659925db8d49c078f4e7a9b2e673fc10ab
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