Zhengrong Peng v. Eric H. Holder Jr.

Good Law
470 F. App'x 598
United States Court of Appeals for the Ninth CircuitMarch 2, 201208-73078California280 words

Opinion

Opinion

MEMORANDUM

Zhengrong Peng, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his 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. See Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010). We deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination because Peng’s testimony regarding when he began attending the home church was inconsistent with his written declaration. See id. at 1046-1047 (“inability to consistently describe the underlying events that gave rise to his fear was an important factor that could be relied upon by the IJ in making an adverse credibility determination”). In the absence of credible testimony, Peng’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).

Because Peng’s CAT claim…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.