Xiaojuan Liu v. Holder

Good Law
470 F. App'x 665
United States Court of Appeals for the Ninth CircuitMarch 5, 2012No. 10-70539California342 words

Opinion

Lead Opinion

MEMORANDUM **

Xiaojuan Liu, a native and citizen of China, petitions pro se 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 protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the new standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on inconsistencies in Liu’s testimony regarding when her IUD was removed, and regarding what day of the week the police required her to report after her arrest. See id. at 1045-48 (adverse credibility determination was reasonable under the REAL ID Act’s “totality of the circumstances”); Rivera v. Mukasey, 508 F.3d 1271, 1275 (9th Cir.2007) (upholding agency finding that explanations were insufficient). In the absence of credible testimony, Liu’s asylum and…

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