Chen Xing v. Eric Holder, Jr.

Good Law
539 F. App'x 839
United States Court of Appeals for the Ninth CircuitSeptember 5, 201311-73280California270 words

Opinion

Opinion

MEMORANDUM

Xing Chen, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from the immigration judge’s (“IJ”) denial of his applications for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s adverse credibility finding and other factual findings underlying the determination that an applicant is ineligible for asylum and withholding of removal. Kin v. Holder, 595 F.3d 1050, 1054 (9th Cir.2010); Zhou v. Gonzales, 437 F.3d 860, 864-65 (9th Cir.2006). We deny the petition for review.

The agency’s adverse credibility decision was reasonable and supported by substantial evidence given the totality of the circumstances, including non-trivial inconsistencies within Chen’s testimony and between his testimony, his written statement, and his father’s letter. See Shrestha v. Holder, 590 F.3d 1034, 1039-42 (9th Cir.2010). We reject Chen’s contention that the BIA failed to consider an explanation for why Chen’s father did not mention in his letter that police still visit their home looking for Chen. See Najmabadi v. Holder, 597 F.3d 983, 990-91…

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