Fan Jin v. Loretta E. Lynch

U.S. Court of Appeals for the Ninth Circuit
Fan Jin v. Loretta E. Lynch, 667 F. App'x 231 (9th Cir. 2016)

Fan Jin v. Loretta E. Lynch

Opinion

MEMORANDUM **

Fan Jin, 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, withholding of removal, and relief under the Convention Against Torture (“CAT”). 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.

We do not consider the materials Jin references in his opening brief that are not part of the administrative record. See Fisher v. INS, 79 F.3d 955, 963-64 (9th Cir. 1996) (en banc).

Substantial evidence supports the agency’s adverse credibility determination based on inconsistencies within Jin’s testimony and within the record evidence as to his introduction to Christianity, and on inconsistencies between Jin’s testimony and record evidence as to his places of residence. See Shrestha, 590 F.3d at 1048 (adverse credibility determination was reasonable under the “totality of circumstances.”). Jin’s explanations for the inconsistencies do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). In the absence of credible testimony, Jin’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Finally, Jin’s CAT claim also fails because it is based on the same testimony the agency found not credible, and the record does not otherwise compel the conclusion that it is more likely than not he would be tortured if returned to China. See id. at 1156-57.

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
FAN JIN, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished