Yong Sun v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Yong Sun, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence, Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir.2008), and we deny in part and dismiss in part the petition for review.
Substantial evidence supports the agency’s adverse credibility determination because the discrepancy between Sun’s testimony and his passport regarding his whereabouts on the day of his alleged arrest is substantial and goes to the heart of his claim. See Pal v. INS, 204 F.3d 935, 938 (9th Cir.2000); Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004) (adverse credibility determination is supported where at least one of the identified grounds is supported by substantial evidence and goes to the heart of the claim). In the absence of credible testimony, Sun’s asylum and withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir.2003).