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

Yufeng Tao v. Eric Holder, Jr.

Yufeng Tao v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided September 4, 2014 · O'Scannlain, Rawlinson, Rakoff
584 F. App'x 741

Yufeng Tao v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Petitioner Yufeng Tao seeks review of a decision by the Board of Immigration Appeals (“Board”), denying her application for asylum, withholding of removal, and protection under the Convention Against Torture, and ordering her removed from *742 the United States. The Court reviews the Board’s factual findings under the substantial evidence standard, treating the findings as “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B).

This Court lacks jurisdiction to review Tao’s eligibility for asylum and withholding of removal due to persecution on account of “resistance to a coercive population control program.” 8 U.S.C. § 1101(a)(42); see Sola v. Holder, 720 F.3d 1134, 1135 (9th Cir. 2013). That part of her claim is therefore dismissed.

As to her remaining claims, the Court finds that substantial evidence, such as discrepancies between Tao’s testimony before the Immigration Judge (“IJ”) and her proffered medical record, supports the Board’s affirmance of the IJ’s factual adverse credibility determination. The failure of the respondent to produce the author of an affidavit questioning the authenticity of the medical record is therefore moot.

Tao’s petition for review is therefore dismissed in part and denied in part.

DISMISSED IN PART AND DENIED IN PART.

**

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

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