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Ming Yi v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 26, 2016
No. 13-73763 (9th Cir. Aug. 26, 2016)

Opinion

No. 13-73763

08-26-2016

MING YI, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A099-448-431 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: O'SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Ming Yi, 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). We deny the petition for review.

Substantial evidence supports the agency's adverse credibility determination based on an inconsistency regarding his ability to obtain medical records, and evidence relating to when he was terminated from his job, as well as an omission about the protest in December 2002. See id. at 1048 (adverse credibility determination reasonable under the totality of circumstances). Yi's explanations do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). Thus, in the absence of credible testimony, Yi'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

Ming Yi v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 26, 2016
No. 13-73763 (9th Cir. Aug. 26, 2016)
Case details for

Ming Yi v. Lynch

Case Details

Full title:MING YI, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 26, 2016

Citations

No. 13-73763 (9th Cir. Aug. 26, 2016)