Qing Lin v. Holder

Good Law
471 F. App'x 565
United States Court of Appeals for the Ninth CircuitMarch 6, 2012No. 09-73420California337 words

Opinion

Lead Opinion

MEMORANDUM **

Qing Lin, 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”). Our jurisdiction is governed by 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 (9th Cir.2010), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s adverse credibility determination based on the inconsistencies regarding the nature of Lin’s claim and the circumstances of his wife’s IUD insertion. See id. at 1045-48 (adverse credibility determination was reasonable under the REAL ID Act’s “totality of circumstances”); Goel v. Gonzales, 490 F.3d 735, 739 (9th Cir.2007) (per curiam) (inconsistencies between testimony and documentary evidence regarding nature of attack and injuries suffered supported an adverse credibility finding). Lin’s explanations do not…

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