Guanbin Yang v. Eric Holder, Jr.

Good Law
588 F. App'x 649
United States Court of Appeals for the Ninth CircuitDecember 17, 201411-71991California246 words

Opinion

Opinion

MEMORANDUM

Petitioner Guanbin Yang seeks asylum, withholding of removal, and CAT relief because, he claims, he suffered harm on account of his Christian religion. We deny the petition.

1. Substantial evidence supports the Board of Immigration Appeals’ (“BIA”) finding that Petitioner was not credible. See Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010) (explaining standard of review for credibility findings under the REAL ID Act). The BIA identified two examples of non-trivial inconsistent testimony, including testimony regarding why Petitioner required a friend’s help to obtain a passport and whether his mother attended a home church. Petitioner was alerted to his change in testimony and had a chance to explain the inconsistencies, but failed to do so.

2. The immigration judge did not abuse his discretion by excluding documentary evidence offered by Petitioner. See Vatyan v. Mukasey, 508 F.3d 1179, 1182 (9th Cir.2007) (holding that we review for abuse of discretion a decision to exclude a document for lack of authentication). Because the only source of authentication for the documents was Petitioner’s discredited testimony, the documents were permissibly excluded. See…

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