Ming Yi v. Loretta E. Lynch

Good Law
668 F. App'x 744
United States Court of Appeals for the Ninth CircuitAugust 26, 201613-73763California207 words

Opinion

Opinion

MEMORANDUM

Ming Yi, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ 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). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on an inconsistency regarding his ability to obtain medical records, and evidence relating to when he was terminated from his job, as well as an omission about the protest in December 2002. See id. at 1048 (adverse credibility determination reasonable under the totality of circumstances). Yi’s explanations do not compel a contrary result. See Lata v. INS, 204 F.3d 1241, 1245 (9th Cir. 2000). Thus, in the absence of credible testimony, Yi’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

PETITION FOR…

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