Chen

Chen v. Holder

Good Law
404 F. App'x 132
United States Court of Appeals for the Ninth CircuitNovember 19, 201008-70186California283 words

Opinion

Opinion

MEMORANDUM

Lifang Chen, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the new standards governing adverse credibility determinations created by the Real ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We deny the petition for review.

The IJ found Chen not credible for a number of reasons, including Chen’s unclear testimony regarding how school authorities punished her, her evasiveness during parts of her testimony, the omission of her parents’ arrest from her asylum application, and the inconsistency between her testimony and the record of her credible fear interview regarding who involved her in distributing Falun Gong pamphlets. Substantial evidence supports the IJ’s adverse credibility determination. See id. at 1040-44 (adverse credibility determination was reasonable under the Real ID Act’s “totality of the…

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