Yuxiang Wang v. Eric Holder, Jr.

Good Law
542 F. App'x 674
United States Court of Appeals for the Ninth CircuitOctober 21, 201309-72690California291 words

Opinion

Opinion

MEMORANDUM

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

Substantial evidence supports the agency’s adverse credibility determination based on discrepancies in Wang’s testimony regarding whether she had an IUD inserted and removed after the birth of her first child. See id. at 1046-47 ; see also Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir.2011) (BIA not compelled to accept petitioner’s explanation for inconsistencies). Further, substantial evidence supports the agency’s determination that Wang failed to carry her evidentiary burden of proof. See Ren v. Holder, 648 F.3d 1079, 1093-94 (9th Cir.2011). In the absence of credible testimony her asylum and withholding of removal…

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