Jia He v. Eric Holder, Jr.

Good Law
472 F. App'x 784
United States Court of Appeals for the Ninth CircuitApril 26, 201209-73195California318 words

Opinion

Opinion

MEMORANDUM

Jia Xi He, 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 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, 1039-45 (9th Cir.2010). We deny the petition for review.

Substantial evidence supports the agency’s adverse credibility finding based on He’s evasive, inconsistent, and implausible account of how she obtained her passport. See Don v. Gonzales, 476 F.3d 738, 743 (9th Cir.2007) (claimed fear of authorities implausible where petitioner interacted with them and drew attention to himself); Wang v. INS, 352 F.3d 1250, 1257-58 (9th Cir.2003) (adverse credibility finding supported by evasive testimony and by inconsistencies including how petitioner obtained notarial certificate from county he claimed to have fled). Further, He’s explanation of why…

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