Chunyu Hu v. Eric Holder, Jr.

Good Law
519 F. App'x 442
United States Court of Appeals for the Ninth CircuitMay 20, 201311-70125California258 words

Opinion

Opinion

MEMORANDUM

Chunyu Hu, 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 (“IJ”) decision denying his 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, applying the standards governing adverse credibility determinations created by the Real ID Act, Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010), and we deny the petition for review.

Substantial evidence supports the BIA’s adverse credibility determination based on an omission from his written application of any mention that police were looking for him at his home, and on the IJ’s negative assessment of Hu’s demeanor. See Zamanov v. Holder, 649 F.3d 969, 973-74 (9th Cir.2011) (omission cast doubt on petitioner’s credibility); Singh-Kaur v. INS, 183 F.3d 1147, 1151 (9th Cir.1999) (“special deference” given to credibility determinations based on demeanor). Accordingly, in the absence of credible testimony, Hu’s asylum and withholding of removal claims fail. See Farah…

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