Opinion
No. 11-72996 Agency No. A088-465-571
02-18-2014
BINGHUI HAN, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Before: ALARCÓN, O'SCANNLAIN, and FERNANDEZ, Circuit Judges.
Binghui Han, a native and citizen of China, petitions for review of the Board of Immigration Appeals' ("BIA") 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 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, 1039-40 (9th Cir. 2010). We deny the petition for review.
Substantial evidence supports the BIA's adverse credibility determination based on an inconsistency between Han's testimony and his written asylum statement regarding the abuse by fellow inmates he allegedly experienced in detention, and based on his implausible testimony regarding his wife's actions. See id. at 1043-44; Cui v. Holder, 712 F.3d 1332, 1337-38 (9th Cir. 2013) (substantial evidence supported adverse credibility finding based in part on implausible testimony). Han's explanations do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). We reject Han's contention that the BIA's findings relied on speculation or conjecture. In the absence of credible testimony, Han's asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
Finally, Han does not raise any arguments challenging the agency's denial of his CAT claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (holding issues which are not specifically raised and argued in a party's opening brief are waived).
PETITION FOR REVIEW DENIED