Xiang Huang v. Eric Holder, Jr.

Good Law
537 F. App'x 742
United States Court of Appeals for the Ninth CircuitAugust 15, 201311-72262California719 words

Opinion

Opinion

MEMORANDUM

Petitioner Xiang Da Huang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of asylum and withholding of removal. Huang waives any challenge of the BIA’s decision affirming the IJ’s denial of protection under the Convention Against Torture. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition.

Huang has never challenged the IJ’s specific reasons for finding him not credible. Rather, Huang concedes that there were inconsistencies in his testimony, but blames them on translation error. Contrary to what Huang argues, the record does not show any problems with the translation at his May 2009 hearing. Huang does not show any translation errors, and he points to no indication that he had difficulty understanding the proceedings. See Perez-Lastor v. INS, 208 F.3d 773, 778 (9th Cir.2000). In fact, Huang expressed twice that he understood the interpreter. Accordingly, Huang’s explanation for his inconsistent testimony fails.

Because Huang never challenged the specific bases for the IJ’s adverse credibility determination, any such challenge is not exhausted…

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