Sandi Li v. Loretta E. Lynch
Opinion
Opinion
MEMORANDUM
Fen Xing 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 (“U”) 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). We deny the petition for review.
The BIA found Chen not credible based on an inconsistency between his testimony and application as to his continued practice of Falun Gong in China after his arrest, the omission from his application that police had come to his home six times after he left China, and the IJ’s negative demeanor finding. Substantial evidence supports the BIA’s adverse credibility determination. See id. at 1048 (adverse credibility finding reasonable under the “totality of circumstances”). In the absence of credible testimony, Chen’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).