Xueping Han v. Loretta E. Lynch
Opinion
*392 MEMORANDUM **
Yan Liu, native and a native and citizen of China, petitions for review of the Board of Immigration Appeals’ 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, Shres tha v. Holder, 590 F.3d 1034, 1039-10 (9th Cir. 2010). We deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination based on the omission of Liu’s 2005 detention from his original asylum application and declaration, and his inconsistent testimony regarding the 2005 detention. See id. at 1048 (adverse credibility determination was reasonable under the “totality of circumstances”); see also Zamanov v. Holder, 649 F.3d 969, 973 (9th Cir. 2011) (“Material alterations in the applicant’s account of persecution are sufficient to support an adverse credibility finding.”). Liu’s explanations do not compel the contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the absence of credible testimony, Liu’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
- YAN LIU, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
- Status
- Unpublished