Yan Liu v. Loretta E. Lynch

635 F. App'x 382

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 3, 2016
• Docket: 14-70038
• Status: Unpublished

Opinion

MEMORANDUM **

Xueping Han, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s 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 determina tions created by the REAL ID Act, Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on inconsistencies between Han’s testimony and documentary evidence regarding her alleged forced abortions and her employment termination. See id. at 1048 (adverse credibility finding reasonable under totality of circumstances); Wang v. INS, 352 F.3d 1250, 1257-58 (9th Cir.2003) (inconsistency between testimony and documentary evidence supported adverse credibility finding). The agency reasonably rejected Haris explanations for the inconsistencies. See Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir.2011). In the absence of credible testimony, Haris asylum and withholding of removal claims fail. See Huang v. Holder, 744 F.3d 1149, 1156 (9th Cir.2014).

The 90-day stay of proceedings granted on October 13, 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,