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Liu v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Feb 29, 2016
633 F. App'x 426 (9th Cir. 2016)

Opinion

No. 14-70080

02-29-2016

WEIHONG LIU, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A200-253-240 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges.

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

Weihong Liu, 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), and we deny the petition for review.

Substantial evidence supports the agency's adverse credibility determination based on omissions from Liu's and his wife's declarations of an alleged IUD insertion, circumstances preceding an alleged forced abortion, the alleged birth of a second child, and subsequent events. See id. at 1048 (adverse credibility determination was reasonable under the REAL ID Act's totality of the circumstances standard); see also Zamanov v. Holder, 649 F.3d 969, 973-74 (9th Cir. 2011) (upholding adverse credibility determination based in part on omissions which "went to the core of [the petitioner's] fear of political persecution"). The agency reasonably found Liu's explanations further undermined his credibility. See Liu v. Holder, 640 F.3d 918, 926 (9th Cir. 2011). In the absence of credible testimony, Liu's asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

PETITION FOR REVIEW DENIED.


Summaries of

Liu v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Feb 29, 2016
633 F. App'x 426 (9th Cir. 2016)
Case details for

Liu v. Lynch

Case Details

Full title:WEIHONG LIU, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Feb 29, 2016

Citations

633 F. App'x 426 (9th Cir. 2016)