Chuang Chen v. Eric Holder, Jr.

Good Law
516 F. App'x 633
United States Court of Appeals for the Ninth CircuitApril 22, 201311-71322California241 words

Opinion

Opinion

MEMORANDUM

Chuang Ming Chen, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act, Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010), and we deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on both the significant inconsistency regarding the basis for Chen’s asylum claim and the inconsistency regarding the date of his wife’s forced sterilization by family planning authorities in China. See Shrestha, 590 F.3d at 1046-47 . The agency was not compelled to accept Chen’s explanations for the inconsistencies. See Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir.2011). We reject Chen’s contention the BIA ignored his explanation for the inconsistent dates he provided for his wife’s forced sterilization. See Najmabadi v. Holder, 597 F.3d 983, 990…

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