Pinbin Zhao v. Loretta E. Lynch

U.S. Court of Appeals for the Ninth Circuit
Pinbin Zhao v. Loretta E. Lynch, 642 F. App'x 776 (9th Cir. 2016)

Pinbin Zhao v. Loretta E. Lynch

Opinion

MEMORANDUM **

Huawen Huang, 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. 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 in light of the inconsistencies as to Huang’s marriage, his reasons for not submitting a household registration that named his wife and son, purported visits from family planning officers, and his wife’s alleged forced abortion and IUD insertion. See Shrestha, 590 F.3d at 1048 (adverse credibility determination reasonable under the “totality of circumstances”). Huang’s explanations for the inconsistencies do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In light of this conclusion, we need not reach ,Huang’s contention regarding corroborative .evidence. In the absence of credible testimony, Huang’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

The 90-day stay of proceedings granted on November 20, 2015 has expired. Respondent’s motion to lift the stay is denied as moot.

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
HUAWEN HUANG, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished