Yunfeng Zhou v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Yunfeng Zhou v. Eric Holder, Jr., 591 F. App'x 546 (9th Cir. 2015)

Yunfeng Zhou v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Rupinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his 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 Singh’s testimony, for the first time on redirect during a continued hearing, regarding an anonymous complaint he filed and the subsequent raid on his workplace. See id. at 1048 (adverse credibility finding was reasonable under the totality of the circumstances); see also Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000) (petitioner’s explanations did not compel a contrary conclusion). In the absence of credible testimony, Singh’s asylum and withholding of removal claims fail. Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

We do not reach Singh’s contentions regarding the merits of his claims.

This dismissal is without prejudice to petitioner’s seeking prosecutorial discretion or deferred action from the Department of Homeland Security. See Reno v. American-Arab Anti-Discrimination Committee (AADC), 525 U.S. 471, 483-85, 119 S.Ct. 936, 142 L.Ed.2d 940 (1999) (stating that prosecutorial discretion by the agency can be granted at any stage, including after the conclusion of judicial review).

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
Rupinder SINGH, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Cited By
1 case
Status
Unpublished