Lin v. Holder

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 24, 2010
• Docket: 06-72839
• Status: Unpublished

Opinion

FILED NOT FOR PUBLICATION FEB 24 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MEI HUI LIN, No. 06-72839

Petitioner, Agency No. A079-543-813

v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted February 16, 2010 **

Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.

Mei Hui Lin, a native and citizen of China, petitions for review of the Board

of Immigration Appeals’ order dismissing her appeal from an immigration judge’s

(“IJ”) decision denying her application for asylum and withholding of removal.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

KAD/Research We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence,

Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir. 2008), and we deny the petition

for review.

Substantial evidence supports the IJ’s adverse credibility determination

because Lin’s testimony was inconsistent with her declaration with respect to who

introduced her to Falun Gong, see Wang v. INS, 352 F.3d 1250, 1256-57 (9th Cir.

2003), Lin was unable to describe her whereabouts during four of the ten months

following her release from police detention and leading up to her departure from

China, see Chebchoub v. INS, 257 F.3d 1038, 1043 (9th Cir. 2001), and Lin’s

explanations were unpersuasive, see Don v. Gonzales, 476 F.3d 738, 742 (9th Cir.

2007). In the absence of credible testimony, Lin’s asylum and withholding of

removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

PETITION FOR REVIEW DENIED.

KAD/Research 2 06-72839