U.S. Court of Appeals for the Ninth Circuit, 2010

Chunxiang Lu v. Holder

Chunxiang Lu v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided September 22, 2010 · Silverman, Callahan, Smith
396 F. App'x 391

Chunxiang Lu v. Holder

Opinion

MEMORANDUM **

Chunxiang Lu, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, Don v. Gonzales, 476 F.3d 738, 741 (9th Cir. 2007), and we deny the petition.

Substantial evidence supports the IJ’s adverse credibility determination based on Lu’s internally inconsistent testimony as to the motivation for Lu’s three trips to the United States during the year of her claimed arrest in China. See id. at 741-42 (inconsistency goes to the heart of the claim if it concerns events central to petitioner’s version of why she was persecuted). Substantial evidence further supports the IJ’s adverse credibility finding based on Lu’s evasive answers to questions regarding the purpose of her previous trips to this country. See Wang v. INS, 352 F.3d 1250, 1256-57 (9th Cir. 2003) (“An asylum seeker’s ‘obvious evasiveness’ may be enough to uphold an adverse credibility finding.”). Absent credible testimony, Lu’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.