Lianping Lu v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Lianping Lu v. Eric Holder, Jr., 586 F. App'x 311 (9th Cir. 2014)

Lianping Lu v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Jianhua Wang, a native' and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have juris *312 diction 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 agency’s adverse credibility determination based on the inconsistencies between Wang’s testimony and other record evidence regarding the injuries he allegedly suffered during police detention, and the reason he was dismissed from his job. See id. at 1048 (adverse credibility determination was reasonable under the REAL ID Act’s “totality of the circumstances” standard). The agency reasonably rejected Wang’s explanations for the inconsistencies. See Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir. 2007). We reject Wang’s contention that the IJ mischarac-terized his testimony. In the absence of credible testimony, Wang’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Finally, Wang does not raise any arguments in his opening brief regarding the agency’s denial of his CAT claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not supported by argument are deemed waived).

PETITION FOR REVIEW DENIED.

**

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

Reference

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Unpublished