Yen He v. Loretta E. Lynch

U.S. Court of Appeals for the Ninth Circuit
Yen He v. Loretta E. Lynch, 632 F. App'x 380 (9th Cir. 2016)

Yen He v. Loretta E. Lynch

Opinion

MEMORANDUM **

Mingqing Chen, a native and citizen of China, 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.

The agency determined Chen was not credible based on discrepancies between Chen’s asylum statement and testimony regarding the timing of family planning authorities’ visits to his home, and based on omissions related to his alleged hospital stay. Substantial evidence supports the adverse credibility determination. See id. at 1048 (adverse credibility finding reasonable under the totality of the circumstances). Chen’s explanations do not compel a contrary conclusion. See Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir. 2011). We reject Chen’s contention that the BIA failed to consider his explanations. Thus, Chen’s asylum claim fails. •

In the absence of credible testimony, Chen’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
MINGQING CHEN, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished