U.S. Court of Appeals for the Ninth Circuit, 2013

Fenshe Liu v. Holder

Fenshe Liu v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided June 5, 2013 · Kozinski, Gould, Smith
520 F. App'x 625

Fenshe Liu v. Holder

Opinion

MEMORANDUM **

The record supports the IJ’s adverse credibility finding regarding forced sterilization, because Liu did not offer a “reasonable and plausible explanation” for his omission of a material claim of persecution. Rizk v. Holder, 629 F.3d 1083, 1088 (9th Cir. 2011) (internal quotation marks omit *626 ted); accord Kin v. Holder, 595 F.3d 1050, 1056-57 (9th Cir. 2010).

The record also supports the IJ’s adverse credibility finding regarding his relationship with the Falun Gong, because he could not provide an adequate explanation for the reason that his household registration card indicated that he is a grain farmer rather than an owner of a construction business. See Rizk, 629 F.3d at 1088. However, even if we were to assume credibility on this issue, the record supports the IJ’s conclusion that Liu did not establish an objectively reasonable fear of future persecution.

Because Liu did not adequately brief either his withholding of removal or CAT claims, these claims are waived. See Killdare v. Saenz, 325 F.3d 1078, 1085 n. 3 (9th Cir. 2003).

PETITION DENIED.

**

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

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