Xia Chen v. Loretta E. Lynch

Good Law
670 F. App'x 497
United States Court of Appeals for the Ninth CircuitNovember 2, 201614-72838California324 words

Opinion

Opinion

MEMORANDUM

Xia Mei Chen, 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 (“IJ”) 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 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 the IJ’s negative demeanor finding and on Chen’s internally inconsistent testimony as to the circumstances of her release from detention. See Shrestha, 590 F.3d at 1048 (adverse credibility finding reasonable under the totality of the circumstances); Huang v. Holder, 744 F.3d 1149, 1153 (9th Cir. 2014) (“The need for deference [to agency credibility determinations] is particularly strong in the context of demeanor assessments.”). Chen’s explanations do not compel a contrary result. See Lata…

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