Kanwaljit Gill v. Eric Holder, Jr.

Good Law
470 F. App'x 650
United States Court of Appeals for the Ninth CircuitMarch 5, 201209-72010California280 words

Opinion

Opinion

MEMORANDUM

Zhenshui Duan, 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, 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 new standards governing ad verse credibility determinations created by the REAL ID Act, Shrestha v. Holder, 590 F.3d 1034, 1039 (9th Cir.2010), and we-deny the petition for review.

Substantial evidence supports the agency’s adverse credibility finding based on Duan’s evasive, inconsistent account of his knowledge of illicit activities; his inconsistent account of reporting a beating; his inability to provide a consistent, coherent explanation of the hotel’s finances and his ability to make payments; and the agency’s negative assessment of his demeanor. See Ad. at 1045-48 (adverse credibility determination was reasonable under the REAL ID Act’s “totality of circumstances”); Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir.1999) (special deference given to…

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