Shaoping Wang v. Eric Holder, Jr.

Good Law
540 F. App'x 568
United States Court of Appeals for the Ninth CircuitSeptember 9, 201309-72452California215 words

Opinion

Opinion

MEMORANDUM

Petitioner Shaoping Wang, a native and citizen of China, applied for withholding of removal and relief under the Convention Against Torture on the ground that his participation in an underground Christian church caused Chinese authorities to seek his arrest. The Immigration Judge (IJ) denied Wang’s application, and the Board of Immigration Appeals affirmed. Wang asks that we grant his petition for review.

We review credibility findings for substantial evidence. An adverse credibility determination is “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B); Rizk v. Holder, 629 F.3d 1083, 1087 (9th Cir.2011).

In this case, the IJ based his determination on inconsistencies in Wang’s testimony regarding: (1) a written notification allegedly given to Wang’s wife by the Chinese police, and (2) the date the Chinese police last visited Wang’s house. He also relied on the demeanor and responsiveness of Wang’s testimony. These were appropriate considerations for a credibility determination. See 8 U.S.C. § 1158 (b)(l)(B)(iii).

Because the record supports the finding of inconsistent and evasive testimony, we…

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