Ma

Xiaoyuan Ma v. Holder

Good Law
460 F. App'x 655
United States Court of Appeals for the Ninth CircuitDecember 1, 201108-70354California411 words

Opinion

Opinion

MEMORANDUM

Petitioner Xiaoyuan Ma, a native and citizen of the People’s Republic of China, petitions for review of the Board of Immigration Appeal’s final order denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny Ma’s petition for review.

Even if we assume, without deciding, that Ma’s petition for asylum was timely, we conclude that substantial evidence supports the immigration judge’s (IJ) adverse credibility finding. The IJ concluded that Ma was not credible based on her testimony at the hearing that her second marriage was a bona fide marriage despite overwhelming evidence to the contrary, including a signed statement from her former second husband stating that he never lived with her and that the marriage was arranged by a third party in order for Ma to gain immigration benefits. Moreover, Ma gave inconsistent and changing testimony regarding the circumstances of her relationship with her…

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