Qiyan Li v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Qiyan Li v. Eric Holder, Jr., 587 F. App'x 433 (9th Cir. 2014)

Qiyan Li v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Qiyan Li, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum and 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, 1039-40 (9th Cir. 2010). We deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility determination based on Li’s testimony that her alleged arrest in China occurred on the same day as her alleged baptism in the United States. See id. at 1048 (adverse credibility finding reasonable under the totality of circumstances). In the absence of credible testimony, Li’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.

Reference

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Unpublished