Cheng

Hui Li Cheng v. Holder

Good Law
490 F. App'x 917
United States Court of Appeals for the Ninth CircuitDecember 21, 201207-70081California323 words

Opinion

Opinion

MEMORANDUM

Hui Li Cheng, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, including adverse credibility findings, Li v. Ashcroft, 378 F.3d 959, 962 (9th Cir.2004), and we deny the petition for review.

Substantial evidence supports the IJ’s adverse credibility determination, based on Cheng’s omission from her original asylum application and her asylum interview of a forced abortion, see id. at 963 , and Cheng’s explanations do not compel a contrary conclusion, see Zamanov v. Holder, 649 F.3d 969, 974 (9th Cir.2011) (record did not compel the finding that the IJ’s unwillingness to believe a plausible explanation was erroneous in light of the importance of the omitted incidents to the asylum claim). Substantial evidence also supports the IJ’s adverse credibility determination based on his demeanor finding. See Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th…

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