Xi He v. Eric Holder, Jr. ( 2012 )

FILED
NOT FOR PUBLICATION JAN 24 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
XI AN HE, No. 10-73102
Petitioner, Agency No. A099-717-997
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 17, 2012 **
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Xi An He, a native and citizen of China, petitions for review of the Board of
Immigration Appeals’ order dismissing his appeal from an immigration judge’s
decision denying his application for asylum and withholding of removal. We have
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
*
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).
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), and we deny the petition for review.
Substantial evidence supports the agency’s adverse credibility determination
based on both the omission of He’s mother’s arrest and detention from his asylum
application, and on his inconsistent testimony regarding the length of her detention.
See id. at 1045-48 (adverse credibility determination was reasonable under the Real
ID Act’s “totality of the circumstances” standard). The record does not compel
acceptance of He’s explanations. See Zamanov v. Holder, 649 F.3d 969, 974 (9th
Cir. 2011) (acceptance of plausible explanation not compelled “in light of the
importance of the omitted incident to [petitioner’s] asylum claim”). In the absence
of credible testimony, He’s asylum and withholding of removal claims fail. See
Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).
PETITION FOR REVIEW DENIED.
2 10-73102