Yanling Wang v. Eric Holder, Jr.

Good Law
542 F. App'x 673
United States Court of Appeals for the Ninth CircuitOctober 21, 201311-71716California250 words

Opinion

Opinion

MEMORANDUM

Yanling Wang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. Our jurisdiction is governed by 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 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the difference between Wang’s statement and testimony regarding her alleged past abortion, and the discrepancies in her testimony regarding her employment at Quilín. See id. at 1045-48 (adverse credibility determination was reasonable under “totality of the circumstances”). Wang’s explanations, including memory problems, do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir.2000). In the absence of credible testimony, Wang’s asylum and withholding of removal claims based on her alleged past abortion…

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