Qun Chen v. Eric Holder, Jr.

Ninth Circuit

Qun Chen v. Eric Holder, Jr.

580 F. App'x 627

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 26, 2014

Docket12-73824

StatusUnpublished

This text of 580 F. App'x 627 (Qun Chen v. Eric Holder, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Qun Chen v. Eric Holder, Jr., 580 F. App'x 627 (9th Cir. 2014).

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Opinion

MEMORANDUM **

Chunshan Zhao, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, *628 and protection 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.

Substantial evidence supports the BIA’s adverse credibility determination, including repeated inconsistencies about where Zhao was working when he learned of his sister’s illness, the inconsistency between his testimony and his household registration regarding his occupation, and a finding that Zhao’s demeanor undermined his credibility. See id. at 1048 (agency’s adverse credibility finding reasonable under the totality of circumstances); Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir.1999) (noting special deference to demeanor-based credibility findings); see also Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir.2011) (BIA not compelled to accept petitioner’s explanations for inconsistencies). In the absence of credible testimony, Zhao’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

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

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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MEMORANDUM **

Chunshan Zhao, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, *628 and protection 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.

Substantial evidence supports the BIA’s adverse credibility determination, including repeated inconsistencies about where Zhao was working when he learned of his sister’s illness, the inconsistency between his testimony and his household registration regarding his occupation, and a finding that Zhao’s demeanor undermined his credibility. See id. at 1048 (agency’s adverse credibility finding reasonable under the totality of circumstances); Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir.1999) (noting special deference to demeanor-based credibility findings); see also Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir.2011) (BIA not compelled to accept petitioner’s explanations for inconsistencies). In the absence of credible testimony, Zhao’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

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

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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580 F. App'x 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/qun-chen-v-eric-holder-jr-ca9-2014.

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