Fulan YANG, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 546 F. App'x 712

MEMORANDUM Fulan Yang, a native and citizen of China, petitions for review of the 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, applying the standards governing adverse credibility determinations created by the REAL ID Act, Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on both the discrepancy between Yang’s testimony and visa application related to her alleged detention, and on the discrepancy between her testimony and other evidence in the record regarding her alleged employment termination. See Shrestha, 590 F.3d at 1046-47. The agency reasonably rejected Yang’s explanations for the inconsistencies. See Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir.2007). Further, Yang does not challenge the IJ’s negative demeanor finding.

In the absence of credible testimony, Yang’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003). Finally, Yang’s CAT claim also fails because it is based on the same testimony found to be not credible, and she does not point to any other evidence that shows it is more likely than not she would be tortured if returned to China. See id at 1156-57. PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.