U.S. Court of Appeals for the Ninth Circuit, 2014

Munkhbayar Puuree v. Eric Holder, Jr.

Munkhbayar Puuree v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided April 11, 2014 · Tashima, Graber, Ikuta
568 F. App'x 494

Munkhbayar Puuree v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Huicong Liang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal. 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 (9th Cir. 2010). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the inconsistency between Liang’s Mexican work visa, which was renewed in 2006, and his testimony that he fears Chinese officials in Mexico and has not returned to Mexico since 2003. See id. at 1046-47 (“Although inconsistencies no longer need to go to the heart of the petitioner’s claim, when an inconsistency is at the heart of the claim it doubtless is of great weight.”). The agency was not compelled to accept Liang’s explanation for *495 this inconsistency. See Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir. 2011). In the absence of credible testimony, Liang’s withholding of removal claim fails. 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.

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