NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EISSA AL HAJJAJE,

Petitioner,

v. MERRICK B. GARLAND, Attorney General, Respondent. No. 20

- 71498 Agency No. A216

- 627

- 423

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals Argued and Submitted September 13, 2021 San Francisco, California Before: WALLACE, SCHROEDER, and FORREST, Circuit Judges.
Petitioner Eissa Al Hajjaje, a native and citizen of Yemen, p etitions for review
of the Board of Immigration Appeals’ (BIA) order dismissing his appeal from an
I mmigration J udge’s (IJ) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252

. We review for substantial evidence the agency’s

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3. 

# FILED

SEP 23 2021
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2

factual findings. Garcia v. Holder , 749 F.3d 785, 789 (9th Cir. 2014). “Factual findings ‘ are conclusive unless any reasonable adjudicator would be compelled to

con clude to the contrary.’” Id. , quoting 8 U.S.C. § 1252(b)(4)(B). We deny the petition for review. Substantial evidence supports the agency’s adverse credibility determination.
The agency identified four bases that support the adverse credibility determination considering the totality of the circumstances: (1) Al Hajjaje’s misrepresentations to immigra tion officials, including when he attempted to enter the United States by using a U.S. passport issued to another person ; (2) Al Hajjaje’s implausible testimony alleging that his torturers a rmed him with multiple weapons immediately
after torturing him ; (3 ) his unresponsiveness to questions on numerous occasions ; and (4) his demeanor , such as when he became visibly agitated and glared at the government’s counsel during the hearing. The record does not compel the
conclusion that the adverse credibility dete rmination was erroneous

. See Iman v.
Barr , 972 F.3d 1058, 1064 (9th Cir. 2020) (“Under this standard, only the most extraordinary circumstances will justify overturning an adverse credibility determination.” (quotation marks and citation omitted)). In the absence of credible testimony, the remaining evidence in the record is insufficient to establish eligibility for asylum and withholding of removal

. See Wang v. Sessions , 861 F.3d 1003, 1009 (9th Cir. 2017).3

Substantial evidence also supports the agency’s denial of CAT protection . Al Hajjaje’s CAT claim is based on the same underlying testimony found to be not
credible

. “ But when the petitioner’s ‘testimony [is] found not credible, to reverse
the BIA ’s decis ion [denying CAT protection,] we would have to find that the reports alone compelled the conclusion that [the petitioner] is more likely than not to be
tortured.’” Shrestha v. Holder , 590 F.3d 1034, 1048

– 49 (9th Cir. 2010) (alterations in original), quoti ng Almaghzar v. Gonzales , 457 F.3d 915, 922

– 23 (9th Cir. 2006).
The documentary record does not compel the conclusion that Al Hajjaje “ personally
will face torture” if returned to Yemen. Mukulumbutu v. Barr , 977 F.3d 924, 928 (9th Cir. 2020); s ee also Almaghzar , 457 F.3d at 923 (denying CAT relief where evidence confirmed that torture takes place in the petitioner’s home country but did not compel the conclusion that the petitioner would face a particularize d threat of torture).
We need not reach the issue of the agency’s application of the terroris m bar to Al Hajjaje because the other grounds for denial are dispositive. The temporary stay of removal remains in place until issuance of the mandate.
The motion for a stay of removal is otherwise denied. The p etition for review is DENIED

.