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Xu v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 1, 2016
637 F. App'x 453 (9th Cir. 2016)

Opinion

No. 13-73379

03-01-2016

XU LI, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A099-705-814 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.

Xu Li, a native and citizen of China, petitions pro se 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 deny the petition for review.

Substantial evidence supports the agency's adverse credibility determination based on inconsistencies between Li's testimony and his household registry and his unresponsiveness when confronted with those inconsistencies. See Shrestha, 590 F.3d at 1048 (adverse credibility determination reasonable under the "totality of the circumstances"). Li's explanations do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). We reject Li's contention that his documentary evidence overcomes the agency's adverse credibility finding. See Garcia v. Holder, 749 F.3d 785, 791 (9th Cir. 2014) (corroboration documents not sufficient to rehabilitate testimony). In the absence of credible testimony, Li'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

Xu v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 1, 2016
637 F. App'x 453 (9th Cir. 2016)
Case details for

Xu v. Lynch

Case Details

Full title:XU LI, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 1, 2016

Citations

637 F. App'x 453 (9th Cir. 2016)