Ai Lin v. Loretta E. Lynch ( 2016 )

FILED
NOT FOR PUBLICATION
FEB 23 2016
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
AI QING LIN, No. 11-71579
Petitioner, Agency No. A088-132-280
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 12, 2016**
Honolulu, Hawaii
Before: GRABER, BYBEE, and CHRISTEN, Circuit Judges.
Ai Qing Lin petitions for review of the Board of Immigration Appeals’
(BIA) decision denying his application for asylum and withholding of removal.
We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
The BIA upheld the IJ’s finding that Lin was not credible and denied Lin’s
asylum and withholding of removal application for that reason. We affirm the
BIA’s decision because the evidence does not “compel[] a contrary result.” Jie Cui
v. Holder, 712 F.3d 1332, 1336 (9th Cir. 2013). The BIA correctly noted that “the
respondent’s testimony is replete with inconsistencies.” For example, Lin testified
to the asylum officer that he was detained for 15 days after a dispute with family
planning officials. But he later testified to the IJ that the 15-day detention occurred
when he was much younger and was for religious reasons.
We also affirm the BIA’s decision to deem Lin’s application for relief under
the Convention Against Torture waived. Lin previously withdrew that application.
PETITION DENIED.
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