Zhucheng Gao v. Loretta E. Lynch

U.S. Court of Appeals for the Ninth Circuit
Zhucheng Gao v. Loretta E. Lynch, 633 F. App'x 449 (9th Cir. 2016)

Zhucheng Gao v. Loretta E. Lynch

Opinion

MEMORANDUM **

Guirong Ma, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“U”) 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, 1039-1040 (9th Cir. 2010), We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on inconsistencies within Ma’s testimony and between her testimony and application as to her son’s presence in the United States, and on the IJ’s negative demeanor finding. See id. at 1048; Huang v. Holder, 744 F.3d 1149, 1154 (9th Cir. 2014) (the Court gives “special deference to a credibility determination, that is based on demeanor”) (citation and internal *450 quotation omitted). Ma’s explanations do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the absence of credible testimony, Ma’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
GUIRONG MA, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished