Shaoping Wang v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Shaoping Wang v. Eric Holder, Jr., 540 F. App'x 568 (9th Cir. 2013)

Shaoping Wang v. Eric Holder, Jr.

Opinion

MEMORANDUM ***

Petitioner Shaoping Wang, a native and citizen of China, applied for withholding of removal and relief under the Convention Against Torture on the ground that his participation in an underground Christian church caused Chinese authorities to seek his arrest. The Immigration Judge (IJ) denied Wang’s application, and the Board of Immigration Appeals affirmed. Wang asks that we grant his petition for review.

We review credibility findings for substantial evidence. An adverse credibility determination is “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B); Rizk v. Holder, 629 F.3d 1083, 1087 (9th Cir. 2011).

In this case, the IJ based his determination on inconsistencies in Wang’s testimony regarding: (1) a written notification allegedly given to Wang’s wife by the Chinese police, and (2) the date the Chinese *569 police last visited Wang’s house. He also relied on the demeanor and responsiveness of Wang’s testimony. These were appropriate considerations for a credibility determination. See 8 U.S.C. § 1158(b)(l)(B)(iii).

Because the record supports the finding of inconsistent and evasive testimony, we cannot disturb the adverse credibility finding. Without credible testimony, Wang failed to meet his burdens of proof.

PETITION DENIED.

***

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

Reference

Full Case Name
SHAOPING WANG, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished